Seth Jaffe

Seth Jaffe

Foley Hoag LLP

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What Do Midwestern States Have In Common With Groucho Marx? Ask Them Whether They Want to Be Part of the Ozone Transport Region

As the Supreme Court gets ready to consider the validity of EPA’s Cross-State Air Pollution Rule, some of the Northeastern and Mid-Atlantic states are taking another tack to address at least part of the air pollution...more

12/10/2013 - Air Pollution EPA SCOTUS

The Third Circuit Reinstates Nuisance Claims Against Cheswick Generating: Bad Idea

On Wednesday, in Bell v. Cheswick Generating Station, the 3rd Circuit Court of Appeals revived class action nuisance claims brought by residential property owners living within one mile of GenOn’s Cheswick Generating Station....more

8/23/2013 - Clean Air Act Environmental Policies EPA Nuisance SCOTUS

The Problem with the Supreme Court’s Regulatory Takings Jurisprudence? It Doesn’t Require a Taking

The Supreme Court ruled today, in Koontz v. St. Johns River Water Management District, that a property owner who is denied a land use permit on the ground that he refused to pay money to compensate for the harm to be caused...more

6/26/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Loss Mitigation Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings

The Supreme Court Agrees to Review the CSAPR Decision: Might EPA Avoid Version 3 of the Transport Rule?

On June 24, 2013, the Supreme Court granted certiorari in EPA v. EME Homer City, the challenge to EPA’s Cross-State Air Pollution Rule, or CSAPR. The Court of Appeals for the District of Columbia had struck down the rule,...more

6/25/2013 - Air Pollution Certiorari Cross-State Air Pollution EPA EPA v EME Homer City SCOTUS

When Is An Arranger Not An Arranger? When It Sells Some Good Stuff Along With The Junk

As Superfund lawyers know, the Supreme Court decision in Burlington Northern required proof of an intent to dispose hazardous substances as a prerequisite to imposition of arranger liability. While lower courts have often...more

6/20/2013 - Arranger Liability CERCLA Environmental Liability Hazardous Substances SCOTUS Superfund

City of Arlington v. FCC: Did the Supreme Court Just Expand the Scope of Chevron Deference? No.

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even where they involve questions relating to the scope of an agency’s authority...more

5/26/2013 - Administrative Authority Chevron City of Arlington v FCC EPA FCC SCOTUS

Not a Good Week for Private Climate Change Litigation: The Supreme Court Denies Review in Kivalina

It has not been a good run for plaintiffs in private climate change litigation. As we noted last week, the 5th Circuit Court of Appeals affirmed dismissal in Comer v. Murphy Oil. Now, on Monday, the Supreme Court denied...more

5/23/2013 - Climate Change SCOTUS

Logging Road Runoff Does Not Require an NPDES Permit: The Supreme Court (For Now) Defers to EPA’s Interpretation of Its Own...

Yesterday, in Decker v. Northwest Environmental Defense Center, the Supreme Court ruled that runoff from logging roads does not constitute a discharge from a point source that requires an NPDES permit. The decision upholds...more

3/21/2013 - Discharge of Pollutants EPA Logging NPDES SCOTUS

Dog Bites Man: Supreme Court Edition

In a curious, but unsurprising, decision yesterday, in Los Angeles County Flood Control District v. NRDC, the Supreme Court held that the flow of water containing pollutants from part of a river that has been culverted into a...more

1/9/2013 - Clean Water Act Discharge of Pollutants NRDC SCOTUS

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