Anthony Cavender

Anthony Cavender

Pillsbury Winthrop Shaw Pittman LLP

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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

Weekend Roundup of Environmental and Regulatory Law Developments

Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more

6/27/2016 - Civil Rights Act Department of Environmental Protection EPA NLRB RCRA

Federal Court Vacates Dep’t of Agriculture Guidance; Legislative Rule Requires Notice and Comment

On June 20, 2016, the U.S. District Court for the Northern District of California held, in Center for Environmental Health, et. al. v. Vilsack, that a United States Department of Agriculture (USDA) guidance document, intended...more

6/23/2016 - Food Labeling Organic USDA

Will SCOTUS Revisit Chevron Deference?

Chevron deference was an important factor in the U.S. Court of Appeals for the D.C. Circuit’s 180-page ruling, in United States Telecom Assoc. v. FCC, et al., on June 14 (Flag Day), upholding the Federal Communications...more

6/21/2016 - Broadband Chevron v NRDC FCC Open Internet Rules SCOTUS

NCDOT’s Use of Map Act Was a Taking Subject to Just Compensation

On June 10, 2016, the Supreme Court of North Carolina, in Kirby, et al., v. North Carolina Department of Transportation, Highwayissued a unanimous ruling affirming the decision of the intermediate Court of Appeals that the...more

6/15/2016 - Department of Transportation (DOT) Just Compensation Takings Valuation

DOL Letter Was A Final Agency Action Subject to Judicial Review

On June 3, 2016, the U.S. Court of Appeals for the DC Circuit, in Rhea Lana, Inc., et al., v. Department of Labor, reversed the district court’s holding that a warning letter sent to the plaintiff by the Wage and Hour...more

6/13/2016 - Administrative Procedure Act DOL FLSA Judicial Review Wage and Hour

Court Has Inherent Authority to Supervise CSSP, Including Sanctioning Attorneys for Ethical Violations and Misconduct

On June 2, 2016, the U.S. Court of Appeals for the Fifth Circuit addressed another matter of alleged attorney misconduct in a Deepwater Horizon claims case and the District Court’s authority to impose sanctions for...more

6/13/2016 - Attorney Misconduct BP Deepwater Horizon FBI Oil Spills

Twice Is Not As Nice: Plaintiff’s Counsel Ordered to Pay Defendant For Unreasonable and Vexatious Filing

On June 1, 2016, the U.S. Court of Appeals for the Seventh Circuit issued an interesting ruling in Beatrice Boyer, et al., v. BNSF Railway Company dba Burlington Northern and Santa Fe Railway Company. It ordered plaintiffs’...more

6/13/2016 - Appeals Dismissals Failure To State A Claim

DC Circuit: NRC Rule Is Not a Licensing Action and Generic EIS Satisfies NEPA

In 2014, the NRC promulgated a “Continued Storage Rule” followed by the Nuclear Regulatory Commission’s (NRC) issuance of a Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities (NUREG-0586) to...more

6/13/2016 - Appeals NEPA Nuclear Power Nuclear Regulatory Commission

In Massachusetts, Oil Exemption Is Not Like CERLA Petroleum Exclusion

On June 6, the Supreme Judicial Court of Massachusetts released an opinion of considerable importance to petroleum retailers in Massachusetts. In Peterborough Oil Company, LLC v. Department of Environmental Protection, the...more

6/13/2016 - Exemptions MassDEP Oil & Gas Oil Spills Water Supplies

Congress’ Directive to Service to Reinstate Captive-Bred Exemption Upheld

Since the celebrated Supreme Court decision of Tennessee Valley Authority v. Hill, which for a time sidetracked the Antelopeconstruction of the Tellico Dam, the Endangered Species Act (ESA) has been recognized as a...more

6/9/2016 - Administrative Procedure Act Article III Endangered Species Act (ESA) Injury-in-Fact Section 9 US Fish and Wildlife Service

Vermont’s Generalized Injury Claims from MTBE Contamination Time-Barred

On May 27, 2016, Vermont’s Supreme Court, in State of Vermont v. Atlantic Richfield Company, et al., ruled that the State of Vermont’s “generalized injury” claims “to state waters as a whole due to groundwater contamination...more

6/9/2016 - Contamination Groundwater Statute of Limitations VT Supreme Court

Colorado Act Provides Immunity for Avalanche-related Injuries

Construing the Colorado Ski Safety Act of 1979, on May 31, the Colorado Supreme Court, in Fleury v. IntraWest Winter Park Operations Corp., held that a fatal avalanche that occurred within the bounds of the Winter Park ski...more

6/8/2016 - CO Supreme Court Immunity Public Policy

Complexities of Administrative State Lead to Win for Regulated Community

Caring Hearts Personal Home Serv., Inc. v. Burwell, a U.S. Court of Appeals for the Tenth Circuit Medicare reimbursement case, describes the challenges confronting federal administrative agencies and the regulated community...more

6/3/2016 - CMS Health Care Providers Medicare Reimbursements

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