Anthony Cavender

Anthony Cavender

Pillsbury Winthrop Shaw Pittman LLP

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Texas SWDA Preempts Plastic Bags-Related Ordinance

On August 17, 2016, the Fourth District Court of Appeals sitting in San Antonio held, in a 2 to 1 decision, that a City of Plastic bagsLaredo ordinance prohibiting the distribution of “single use” plastic bags at check-out...more

8/24/2016 - Local Ordinance Preemption Solid Waste State and Local Government Summary Judgment

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

8/23/2016 - CERCLA Contamination Corporate Counsel Department of Defense (DOD) Federal Acquisition Regulations (FAR) Groundwater Hazardous Substances Lockheed Martin

9th Circuit Agrees With BLM: Incidental Take Statements Are Reserved For Fish and Wildlife

In Center for Biological Diversity, et al., v. Bureau of Land Management, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) did not violate the Endangered Species Act (ESA) when its...more

8/17/2016 - Administrative Procedure Act Bureau of Land Management Center for Biological Diversity Endangered Species Act (ESA) Incidental Take Permits NEPA

Sixth Circuit Upholds Criminal Restitution

An earlier case, decided by the U.S. Court of Appeals for the Sixth Circuit on June 3, 2016, is noteworthy because it resulted in an opinion affirming the government’s use of the criminal restitution laws to require a...more

8/16/2016 - Asbestos Clean-Up Costs Corporate Counsel EPA Restitution

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more

8/16/2016 - Broadband FCC Preemption Section 706 Telecommunications Telecommunications Act

Fifth Circuit Declines to Stay of Compliance Order Flowing from Spill But Directs Expedited Briefing Schedule

On August 11, the U.S. Court of Appeals for the Fifth Circuit issued an opinion rejecting the ExxonMobil Pipeline Company’s request for a stay pending appeal of a Compliance Order issued by the Pipeline and Hazardous...more

8/16/2016 - Department of Transportation (DOT) Exxon Mobil Oil & Gas PHMSA Pipelines

Third Circuit: Federal Law Did Not Commandeer States To Act in Violation of Constitution

Can the federal government at times and, in all places, commandeer the states to act in a certain way? “Commandeering” refers to a federal requirement that state officials enact, administer, or enforce a federal regulatory...more

8/15/2016 - Anti-Commandeering NCAA PASPA Sports Betting

DC Circuit: ALJ’s Are Not Constitutional “Officers”

Also on August 9, 2016, the U.S. Court of Appeals for the DC Circuit held that the gaveladministrative law judges (ALJ) employed by the Securities and Exchange Commission were not “Officers” as that term is employed by the...more

8/12/2016 - ALJ Appointments Clause SEC

7th Circuit: DOE’s Use of Social Cost of Carbon Measure Okay

On August 8, the U.S. Court of Appeals for the Seventh Circuit, in a decision affirming the final energy efficiency regulations issued by the Department of Energy (DOE) for commercial refrigeration equipment, held that DOE’s...more

8/12/2016 - Carbon Emissions DOE Energy Efficiency

Third Circuit Rejects Challenges to State Environmental Permits for Transco’s Pipeline Expansion Project

On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more

8/10/2016 - Clean Water Act Department of Environmental Protection FERC Natural Gas Act Oil & Gas Pipelines

Recent Environmental and Administrative Law Decisions by Federal and State Courts

The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August: - On August 8, the U.S....more

8/10/2016 - CERCLA Chevron Clean Air Act Endangered Species Act (ESA) Environmental Remediation Costs EPA NEPA RICO

DC Circuit Upholds EPA’s CAA Rules Governing Industrial Boilers and Incinerators

On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more

8/3/2016 - Air Pollution Boilers Clean Air Act EPA RCRA

DC Court Confirms EPA May Reverse Its Position On Permit Issuance

In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more

7/20/2016 - Administrative Procedure Act Clean Water Act EPA Permits US Army Corps of Engineers

Fifth Circuit Stays EPA 2016 Final Rule in Favor of Texas and Oklahoma SIPs

Recently the U.S. Court of Appeals for the Fifth Circuit issued an important decision regarding the Clean Air Act (CAA) and the interactions between EPA and the states. On July 15, Fifth Circuit, in a unanimous ruling,...more

7/19/2016 - Clean Air Act EPA Final Rules SIP

DC Circuit Judge Rogers Delivers 3 Important Administrative Rulings in 1 Day

July 15 was a busy day at the U.S. Court of Appeals for the District of Columbia Circuit, as five important decisions werethree issued. What was remarkable and worth noting is that Judge Judith Rogers, a member of the court...more

7/19/2016 - Department of the Interior Endangered Species Act (ESA) FERC Liquid Natural Gas Natural Gas Act NEPA Oil & Gas

House Wants to Weigh in on Definition of “Solid Waste”

Bi-partisan legislation has been introduced in the House of Representatives (H.R. 5685), known as the “Farm Regulatory Certainty Act,” a bill that would amend Resource Conservation and Recovery Act’s (RCRA) definition of...more

7/18/2016 - EPA RCRA Solid Waste

Illinois Opens Door for Takings Claims Flowing From Temporary Flooding

On July 8, the Illinois Supreme Court, in Hampton, et al., v. Metropolitan Water Reclamation District of Greater Chicago, floodheld that temporary flooding of the plaintiffs’ residential properties located in the Chicago area...more

7/14/2016 - Flooding IL Supreme Court Reclamation Takings

Court Holds that Stale Permits May Automatically Terminate if Permitting Laws are Not Faithfully Followed

On July 7, the U.S. District Court for Alaska decided the case of Castle Mountain Coalition, et al., v. Office of Surface Mining Reclamation and Enforcement, alaskaholding that a mining permit issued under the Surface Mining...more

7/14/2016 - Administrative Procedure Act Department of Natural Resources Department of the Interior Mining Permits

Bureau to Take Closer Look at Offshore Wind Project

On July 5, the U.S. Court of Appeals for the DC Circuit, in Public Employees for Environmental Responsibility v. Hopper, Acting Director of the U.S. Bureau of Ocean Energy Management, reviewed the District Court’s dismissal...more

7/8/2016 - Endangered Species Act (ESA) NEPA Offshore Wind US Fish and Wildlife Service Wind Power

Controversial “Climate Change” Video Results in Significant FOIA Decision by DC Circuit

On July 5, the U.S. Court of Appeals for the District of Columbia Circuit issued an important ruling interpreting the reach ofemail. the federal Freedom of Information Act (FOIA) in the case of Competitive Enterprise...more

7/7/2016 - Email FOIA Public Records

Princesses Everywhere Embrace Recent Decision, Private Land Property Owners Not So Much

This decision is reminiscent of a fairytale about a princess and her frog prince and the croaking chorus of the Frogs of Aristophane. On June 30, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling...more

7/5/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) Private Property US Fish and Wildlife Service

DC Circuit Denies Petitions to Review Non-Export-Related Environmental Consequences of FERC Action

Two recently issued decisions are important because they clarify how the formidably complex legal structure affecting a growing American business—the export of liquefied natural gas (LNG) –will be interpreted by the one...more

7/1/2016 - DOE Exports FERC Liquid Natural Gas Natural Gas NEPA Oil & Gas

Two Federal Courts Issue Guidance on DOL’s “Persuader Rule”

Recent Department of Labor (DOL) rulemaking proceedings and compliance letters have been successfully challenged in the federal courts. These cases are important because the work of the DOL, in enforcing and interpreting the...more

7/1/2016 - DOL First Amendment FLSA LMRDA Persuader Rules Preemption

DC Court: EEOC Guidance Final Action Subject to Review in Federal Court

A recent decision by the U.S. Court of Appeals for the Fifth Circuit is a reminder to important federal agencies that they must take care to adhere to the requirements of the Administrative Procedure Act (APA) when they issue...more

7/1/2016 - Administrative Procedure Act Civil Rights Act Declaratory Judgments EEOC Hawkes Co v United States Army Corps of Engineers Title VII

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