Anthony Cavender

Anthony Cavender

Pillsbury Winthrop Shaw Pittman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP)...more

2/20/2017 - Anti-SLAPP Deepwater Horizon Defamation Oil & Gas

Oregon Supreme Court Confirms Oregon RCRA and Related Rules Impose Strict Liability

On February 9, the Oregon Supreme Court affirmed the decisions of the Oregon Environmental Quality Commission (OEQC) and the Oregon Court of Appeals that Oil Re-Refining Company (ORRCO) was strictly liable for “simple”...more

2/20/2017 - EPA Hazardous Waste RCRA Waste Management Wastewater

Sixth Circuit Rejects MSHA’s Claims That It Has Jurisdiction Over Coal Mining Machine Shop

In a case argued on February 1, 2017 and decided on February 13, the U.S. Court of Appeals for the Sixth Circuit held that Maxxim Rebuild Co., LLC’s small manufacturing facility located in Sidney, Kentucky is not a “coal...more

2/15/2017 - Coal Mines Mine Safety and Health Administration (MSHA) OSHA Safety Inspections Workplace Safety

Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more

2/15/2017 - Conservation Critical Habitat Endangered Species Endangered Species Act (ESA) Land Developers Land Owners NEPA US Fish and Wildlife Service

8th Circuit: A Spill or Release of Natural Gas Condensate Can Be Subject to an Insurance Policy’s Pollution Exclusion

On January 31, the U.S. Court of Appeals for the Eighth Circuit held that, under the terms of a commercial general liability insurance policy, natural gas condensate, a valuable commercial product, once released, is a...more

2/3/2017 - Commercial General Liability Policies Insurance Industry Natural Gas Oil & Gas Policy Exclusions

IN’s Vapor Pens and E-Liquid Act Violates the Commerce Clause Because of Its Extraterritorial Reach

On January 30, the U.S. Court of Appeals for the Seventh Circuit held that the extraterritorial effects of Indiana’s Vapor Pens and E-Liquid Act, Ind. Code §§ 7.1-7-1-1 et seq., violated the dormant Commerce Clause of the...more

2/3/2017 - Dormant Commerce Clause E-Cigarettes Extraterritoriality Rules

“The Old Order Changeth, Yielding Place to New,” Executive Orders and Memorandums Directing Environmental and Regulatory Policy

New directions in environmental and regulatory policy are outlined in these Executive Orders and Presidential seal-300x207Memorandums that have been issued in the past few days: 1. An Executive Order, dated January 30,...more

2/2/2017 - Dakota Access Pipeline Executive Orders Keystone XL Pipeline US Army Corps of Engineers

Potential Revisions to NRC Regulations Could Significantly Affect the Oil & Gas Industry

In response to a Government Accountability Office (GAO) sting operation which identified certain regulatory weaknesses, the Nuclear Regulatory Commission (NRC) is considering revisions to applicable security and...more

1/31/2017 - GAO International Atomic Energy Agency Licensing Rules National Security Nuclear Regulatory Commission Oil & Gas Regulatory Agenda

To Practice “Environmentalism” Is Not A “Religious” Right

Something light for your Monday morning. On January 23, the U.S. District Court for the Northern District of Oklahoma issued a ruling dismissing the plaintiff’s pro se complaint that the recycling practices of the Tulsa...more

1/31/2017 - Dismissals First Amendment Religious Freedom

Commonwealth Court Rejects DEP’s Interpretation of The Clean Streams Law

On January 11, the Commonwealth Court of Pennsylvania decided the case of EQT Production Company v. Department of Environmental Protection of the Commonwealth of Pennsylvania, and granted EQT Production Company’s (EQT)...more

1/30/2017 - Department of Environmental Protection Natural Gas Oil & Gas Water

Wash. Supreme Court Rejects Limited Scope of the Ocean Resources Management Act

On January 12, the Supreme Court of the State of Washington issued a unanimous ruling holding that both the Court of Appeals and the state’s Shorelines Hearing Board (Board) had erroneously interpreted the state’s Ocean...more

1/27/2017 - Energy Sector Oil & Gas Storage Tanks

Fourth Circuit Upholds Criminal Conviction For “Reckless Disregard” of Mine Safety Laws

On January 19, the U.S. Court of Appeals for the Fourth Circuit upheld the criminal conviction of Donald Blankenship, the former Chairman and CEO of Massey Energy Company (MEC), the operator of the Upper Big Branch Coal Mine...more

1/26/2017 - Coal Mines Criminal Convictions Reckless Disregard

Second Circuit Upholds Water Transfers Rule

On January 18, the U.S. Court of Appeals for the Second Circuit reversed the lower court and held that EPA’s 2008 promulgation of the “Water Transfers Rule” (Rule) published in the Federal Register at 73 FR 33697 on June 13,...more

1/25/2017 - Clean Water Act EPA NPDES

Early January Environmental Odds And Ends

“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed...more

1/18/2017 - Breach of Contract CERCLA Clean Water Act EPA National Priorities List (NPL) NPDES Toxic Substances Control Act (TSCA) US Fish and Wildlife Service Vapor Intrusion

Following the Remand of a Contentious Overtime Case, Chevron Deference May Be Murky

Last summer, in the waning stages of the Supreme Court’s 2015-2016 term, the U.S. Supreme Court issued an opinion reversing the U.S. Court of Appeals for the Ninth Circuit’s use of Chevron deference to overrule a district...more

1/11/2017 - Chevron Deference DOL FLSA Over-Time Wage and Hour

Tenth Circuit: Judicial Estoppel Should Not Bar Asarco’s Latest Claims for Cost Recovery At CERCLA Mining Site

On January 3, the U.S. Court of Appeals for the Tenth Circuit issued a ruling reversing the district court’s decision that Asarco could not proceed with its claims for cost recovery at a Utah Comprehensive Environmental...more

1/9/2017 - CERCLA Judicial Estoppel Summary Judgment

Battle Brewing Over “Continuing Violations” Theory?

OSHA has just published a Final Rule restating its interpretation of the “continuing violations” theory. There are now two Circuit Court of Appeals rulings that disagree with this interpretation: AKM LLC dba Volks Contractors...more

1/9/2017 - Appeals Continuing Violation Theory OSHA Recordkeeping Requirements Statute of Limitations

EPA Risk Management Plan Revisions

On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These...more

1/3/2017 - Chemicals Clean Air Act EPA Hazardous Substances Risk Management

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross...more

1/3/2017 - Gross Negligence Oil & Gas Oil Pollution Act of 1990 (OPA 90) Vessels

District Court Rejects Effort To Force EPA To Issue Federal Numeric Water Quality Standards For Mississippi River Basin And...

On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit, in Gulf Restoration Network, et al., v. McCarthy, vacated and remanded a decision of the United States District Court for the Eastern District of Louisiana...more

12/22/2016 - Administrative Procedure Act Clean Water Act EPA Water Quality

District Court’s NEPA Judgment Vacated In Case Rendered Moot

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause...more

12/16/2016 - Appeals Construction Industry Department of Transportation (DOT) Federal Housing Administration (FHA) Mootness NEPA

Criminal Indictment Precluded After Loss In Civil Action

On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court’s decision dismissing the federal government’s civil claim that the defendants were at fault in connection with a...more

12/16/2016 - Appeals Criminal Prosecution Oil Spills Vessels

Potential And Contingent Penalties Are Not Obligations Under The False Claims Act

On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth...more

12/16/2016 - Appeals DuPont EPA False Claims Act (FCA) Reverse False Claims Toxic Substances Control Act (TSCA)

Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is...more

12/15/2016 - Clean Water Act EPA NEPA Safe Drinking Water Act US Army Corps of Engineers Water Water Resources Development Act

10th Circuit: NM Laws Purporting To Authorize “Self-Help” Preempted

On December 8, the U.S. Court of Appeals for the Tenth Circuit decided the case of United States v. Board of County Commissioners of Otero County, New Mexico. The Tenth Circuit held that a New Mexico statute and resolution...more

12/14/2016 - Appeals Forest Service Preemption Remedial Actions

109 Results
|
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×