Civil Procedure, Energy & Utilities Law, Administrative Law

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

California Environmental Law and Policy Update - January 10, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 1/11/2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion

by Arthur F. Coon | Miller Starr Regalia on 1/8/2013

It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more

Seven States File Notice of Intent To Sue USEPA Over Methane Emission Standards

by Sanja Muranovic | BakerHostetler on 12/31/2012

On December 11, 2012, a group of seven states led by New York Attorney General Eric T. Schneidermann notified the U.S. Environmental Protection Agency (EPA) of their intent to sue the agency....more

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

by McCarter & English: Climate Change &... on 12/1/2012

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 11/15/2012

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

REGULATORY: UK Competition Law: UK Competition Commission Publishes Energy Licence Modification Appeals Rules

by King & Spalding on 11/13/2012

The UK Competition Commission (“CC”) has published new rules of procedure for the conduct and disposal of energy licence modification appeals. The Energy Licence Modification Appeals Rules of 25 September 2012 (the...more

Yuba County Water Agency Gives 60-Day Notice of Intent to Sue Federal Government Under Endangered Species Act

by Kronick, Moskovitz, Tiedemann & Girard on 11/8/2012

The Yuba County Water Agency ("YCWA") today delivered a 60-day notice of intent to sue to the National Marine Fisheries Service ("NMFS"), also known as NOAA Fisheries, and the U.S. Army Corps of Engineers ("Corps"). The...more

Summary of FERC Meeting Agenda - October 2012

by White & Case LLP on 10/17/2012

In This Issue: - Administrative Items - Electric Items - Miscellaneous - Gas Items - Hydro Items - Certificate Items - Excerpt from Administrative Items: A-1: (Docket No. AD02-1-000) This...more

Judge Dismisses Attorney General’s “Fracking” Suit Over the Delaware River Basin

by Cullen and Dykman LLP on 10/16/2012

U.S. District Judge Nicholas G. Garaufis recently dismissed a lawsuit brought by New York Attorney General Eric T. Schneiderman against the Delaware River Basin Commission (“DRBC”), EPA, and other federal agencies seeking to...more

Homer City – Has the D.C. Circuit Signaled an Alternate Approach to Judicial Review of Agency Regulations?

by K&L Gates LLP on 10/11/2012

The D.C. Circuit’s August 21, 2012 decision in Homer City raised significant questions about judicial review of agency rulemaking challenges. This alert is the second part of a two-part series on this topic. Part I...more

Lessons from a Long, Long Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 9/14/2012

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

D.C. Circuit Calls Strike Two on EPA’s Cross-State Air Pollution Rule

by K&L Gates LLP on 8/27/2012

On August 21, 2012, the Court of Appeals for the District of Columbia vacated and remanded the U.S. Environmental Protection Agency’s “Transport Rule” – an ambitious regulation that sought to impose new limits on sources of...more

PACE Fights Regulatory and Legal Headwinds

by Lane Powell PC on 8/15/2012

Once lauded by the Harvard Business Review as a “Breakthrough Idea of 2010,” the promise of an innovative financing method for residential renewable energy and energy conservation retrofits under Property Assessed Clean...more

Legal Alert: Two New Patronage Capital Cases Hit Alabama Coops

by Sutherland Asbill & Brennan LLP on 8/15/2012

Two new class action patronage capital cases were recently filed in Alabama against two different electric cooperatives: Recherche LLC v. Baldwin County Electric Membership Corp. (CV-2012-900820.00, Baldwin County, AL) and...more

Is a Mass Filing the Right Strategy to Get Carbon Dioxide Regulation Going?

by McCarter & English: Climate Change &... on 8/3/2012

After a string of defeats at the regulatory agencies and state and federal courts, Our Children's Trust finally notched two victories last month in its quest to use the public trust doctrine to implement carbon dioxide...more

Judge Sides With Coal Industry Against EPA

by Dinsmore & Shohl LLP on 8/2/2012

In a long awaited ruling, District of Columbia U.S. District Court Judge Reggie Walton ruled yesterday that the Environmental Protection Agency’s Final Guidance, relied upon by EPA to block Clean Water Act permits for...more

EPA Wins Another CAA Case: No Affirmative Defense For Excess Emissions During Planned Maintenance

by Foley Hoag LLP - Environmental Law on 8/1/2012

Score a victory for EPA in its long-running set of disputes with the State of Texas and generation facilities in Texas. Yesterday, in Luminant Generation Co. v. United States Environmental Protection Agency, the 5th Circuit...more

Power Struggle? The CFTC/FERC Jurisdictional Split under Dodd-Frank

by K&L Gates LLP on 8/1/2012

In early July, the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) jointly adopted final regulations (“Products Definition”) that further define the terms “swap” and...more

Major Provisions of Pennsylvania’s Oil and Gas Act Deemed Unconstitutional

by Morgan Lewis on 7/31/2012

Commonwealth Court rules on amendments limiting municipal zoning authority. On July 26, the Commonwealth Court of Pennsylvania held that 2012 amendments to Pennsylvania's Oil and Gas Act (Act 13) that preempt local...more

Preemptive Zoning Provisions of Act 13 Held Unconstitutional

by Saul Ewing LLP on 7/30/2012

Yesterday, the Commonwealth Court of Pennsylvania issued an order declaring null and void sections of the new 2012 Oil and Gas Act ("Act 13"), which preempted local zoning ordinances that regulate oil and gas operations and...more

No Early Appeal on the New Mexico Public Trust Climate Case

by Foley Hoag LLP - Environmental Law on 7/19/2012

For those of you following the public trust climate litigation in New Mexico, Judge Sarah Singleton has now issued a written decision denying the state’s motion to dismiss the case. There is no discussion of the issues, but...more

Not a Good Start for Challenges to EPA NAAQS Revisions: The District of Columbia Court of Appeals Affirms EPA's New NOx NAAQS

by Foley Hoag LLP - Environmental Law on 7/19/2012

Yesterday, in American Petroleum Institute v. EPA, the D.C. Circuit Court of Appeals affirmed EPA’s revisions to the National Ambient Air Quality Standard for NOx. The revisions adopted, for the first time, an hourly NAAQS...more

D.C. Circuit Court Issues Significant Ruling on Greenhouse Gas Regulatory Program

by Spilman Thomas & Battle, PLLC on 7/18/2012

In what has been described as a “sweeping victory” for the U.S. Environmental Protection Agency the United States Court of Appeals for the District of Columbia Circuit issued a decision on June 26, 2012 in lawsuits that...more

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Civil Procedure › Energy & Utilities Law › Administrative Law