Anthony Cavender

Anthony Cavender

Pillsbury Winthrop Shaw Pittman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

4/27/2016 - Class Action Contamination Disqualification Identifiable Class Members Impartiality Judges Water

10th Circ.: Permit Issuance Is Not State Action For Purposes of 14th Amendment

On April 19, 2016, the U.S. Court of Appeals for the Tenth Circuit, in Wasatch Equality, et al., v. Alta Ski Lifts Company, et al., affirmed the lower court’s dismissal of a lawsuit claiming that the U.S. Forest Service, in...more

4/21/2016 - Discrimination Equal Protection Forest Service Fourteenth Amendment Resorts & Restaurants

Texas Court of Appeals Issues Important State Superfund Order

In a “case of first impression,” U.S. Court of Appeals for the Third Circuit,texascapitol sitting in Austin, in TCEQ v. Exxon Mobil Corporation, et al., issued an important decision interpreting the scope of the Texas Solid...more

4/14/2016 - Burden of Proof Clean-Up Costs Contaminated Properties Environmental Remediation Costs Judicial Review Oil & Gas Potentially Responsible Party (PRP) Solid Waste Sovereign Immunity Standard of Review Superfund Waste Disposal

U.S. Fish and Wildlife Ordered to Reconsider Delisting of N. American Wolverine

The courts continue to be busy issuing significant Endangered Species Act (ESA) rulings. In the latest one, issued in early wolverineApril, the U.S. District Court for Montana, Missoula Division, in Defenders of Wildlife v....more

4/12/2016 - Climate Change Endangered Species Endangered Species Act ESA Listings US Fish and Wildlife Service

Texas Supreme Court: Protections of Governmental Immunity Remain Robust But Are Not Absolute

On April 1, 2016, the Texas Supreme Court, in Houston Belt & Terminal Railroad Co., et al.. v. City of Houston, et al., reviewed the implementation of the City of Houston’s 2011 drainage fee ordinance. ...more

4/8/2016 - Drainage Exceptions Fees Governmental Immunity Local Ordinance Railroads Stormwater Discharge Permits TX Supreme Court Ultra Vires

Texas Supreme Court: Improper Application of Project-Influence Rule Resulted in Harmful Error

The Texas Constitution provides that “[n]o person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.” Tex. Const. art. I, § 17. The Texas Supreme Court has...more

4/7/2016 - Appeals Condemnation Contaminated Properties Harmful Error Just Compensation Property Valuation Remand State Constitutions Takings TX Supreme Court

4th Circuit Revisits N.C.’s Statute of Repose; No Bar to Hazardous Waste-Related Personal Injury Claims

Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...more

3/30/2016 - CERCLA CTS Corp v Waldburger Hazardous Substances Preemption SCOTUS Statute of Limitations Statute of Repose

U.S. Repeals Longstanding Ban on Export of Crude Oil

Effective immediately and subject to limited restrictions, U.S. producers may begin exporting crude oil to overseas customers. On December 18, 2015, the President signed into law the massive Consolidated Appropriations...more

12/29/2015 - Consolidated Appropriations Act Crude Oil Exports Natural Gas Oil & Gas Repeal

Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules

After years of relative easing in its interpretation of the Resource Conservation and Recovery Act rules that govern industrial recycling, the Environmental Protection Agency is now taking a harder line. A recently issued...more

1/21/2015 - EPA Final Rules Hazardous Waste Industrial Products Manufacturers RCRA Recycling Regulatory Standards Solid Waste

Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more

11/11/2014 - Environmental Policies EPA Jurisdiction US Army Corps of Engineers Water Waters of the United States

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

9/17/2014 - Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City Greenhouse Gas Emissions SCOTUS Utility Air Regulatory Group v EPA

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

5/12/2014 - Cap-and-Trade Carbon Emissions Clean Air Act EPA v EME Homer City NAAQS Power Plants SCOTUS SIP

The Fish and Wildlife Service Lists the Lesser Prairie-Chicken as a Threatened Species Under the Endangered Species Act

On March 21, 2014, the United States Fish and Wildlife Service (FWS) promulgated a final rule which lists the Lesser Prairie-Chicken (LPC) as a “threatened” species under the Endangered Species Act (ESA). Under the ESA, a...more

4/18/2014 - CCAA ESA Listings Oil & Gas US Fish and Wildlife Service

Texas Proposes New GHG Emissions Rules

In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...more

11/1/2013 - Clean Air Act EPA Greenhouse Gas Emissions Permits SCOTUS

The President’s Climate Action Plan: Its Impact on Moderating Carbon Emissions Through Ecological Conservation

The President’s proposal includes several recommendations for promoting ecological conservation as a tool for sequestering atmospheric carbon while simultaneously providing natural buffers against more intense and frequent...more

7/30/2013 - Biofuel Carbon Emissions Climate Action Plan Climate Change EPA Greenhouse Gas Emissions Rehabilitation and Restoration Plans

Recent U.S. Supreme Court Decisions Impacting Environmental and Regulatory Law

The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...more

7/17/2013 - Clean Water Act Decker Environmental Claims Environmental Policies Koontz v St John's River Water Management Los Angeles County Flood Control District Natural Resources Defense Council SCOTUS Storm Water

Legislative Update: New Texas Laws Affecting the Environment or Environmental Regulation

This Texas legislative session brought several notable environment- and energy-related changes. The major standouts are culled and summarized in this Pillsbury Legislative Update....more

6/13/2013 - Attorney-Client Privilege Audits Background Checks Disclosure Requirements Flood Zones Greenhouse Gas Emissions Landfills Local Ordinance Municipalities NEPA New Legislation Railways Recycling

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

4/8/2013 - Clean Water Act Discharge of Pollutants EPA Logging NPDES Permits SCOTUS Storm Water

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

1/29/2013 - Clean Water Act Discharge of Pollutants EPA Los Angeles County Flood Control District Permits SCOTUS Storm Water

19 Results
|
View per page
Page: of 1

"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.
×