Civil Remedies, Administrative Law, Environmental Law

Federal Court Denies Joint Motion For Consent Decree Regarding The Marbled Murrelet

by Ashley Remillard | Nossaman LLP on 4/15/2013

In American Forest Resources Council v. Ashe, 1:12-cv-00111 (D.D.C. Mar. 30, 2013), the United States District Court for the District of Columbia denied a joint motion for a consent decree regarding the critical habitat...more

What is the "relevant parcel" in a regulatory takings case?

by Ben Rubin | Nossaman LLP on 1/31/2013

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants

by Andrew W. Davis | Leonard, Street and Deinard on 1/10/2013

On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

by F. Paul Pittman | Sedgwick LLP on 1/7/2013

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

CEQA Standing Reform: Could Statutory Standing Requirements Feasibly Be Tightened To Bar Anti-Competitive Lawsuits Motivated By...

by Arthur F. Coon | Miller Starr Regalia on 12/13/2012

Meaningful CEQA reform is a topic much discussed by politicians and stakeholders, but its realization remains elusive. For example, in-fill exemptions are fettered with multitudes of complex and convoluted conditions and...more

Sierra Club Ready To Sue On Alleged Air Quality Violations

by Bruce Goodman | Varnum LLP on 12/12/2012

As required under the federal Clean Air Act, the Sierra Club has filed a “notice of intent to sue” alleging at least 1330 air quality violations by DTE Energy coal-fired power plants: St. Clair, Belle River, and Trenton...more

Winning the Superfund Remedy Fight in Court: Don’t Count On It

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 11/30/2012

Remedy decisions are almost always won or lost at the agency level. Once the ROD issues, a PRP’s chance of having the selected remedy overturned in court is slim to none – a point that was driven home in a recent decision in...more

California Drops the Hammer on First Carbon Auction Despite New Lawsuit

by Peter Hsiao, Sue Landsittel, William Sloan, Michael Steel | Morrison & Foerster LLP on 11/15/2012

The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more

Chamber Challenges Today’s GHG Emissions Auction in California

by Allison Davis | Davis Wright Tremaine LLP on 11/15/2012

California’s largest business lobby filed a lawsuit yesterday seeking to invalidate California’s first greenhouse gas (GHG) emissions allowance auction scheduled for today....more

CARB Sued on Cap and Trade Revenues on Eve of First Auction

by Jon Costantino, Marc D. Luesebrink | Manatt, Phelps & Phillips, LLP on 11/14/2012

It has been rumored for weeks that a Cap and Trade lawsuit was imminent. The questions were: who would file the lawsuit, when, and on what grounds? Those questions were answered, at least in part, today. The case is...more

CEQA Remedies Clarified

by Manatt, Phelps & Phillips, LLP on 11/5/2012

Preserve Wild Santee v. City of Santee Finds That CEQA Allows Courts to Issue Limited Fix-It Tickets for CEQA Deficiencies in EIRs Rather Than Decertifying the Entire EIR and Invalidating All Related Project Approvals. ...more

IOGA-WV Spearheads Effort to Protect Independent Producers and Challenges EPA Air Rules

by Spilman Thomas & Battle, PLLC on 11/5/2012

On October 15, 2012, IOGA-WV, the Independent Petroleum Association of America (“IPAA”) and five other state-level oil and gas associations filed suit in the D.C. Circuit Court of Appeals challenging the U. S. Environmental...more

W.Va. Supreme Court Affirms Award of Attorneys’ Fees and Expenses Against WVDEP In Surface Mine Board Appeals

by Dinsmore & Shohl LLP on 10/30/2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy...more

CERCLA and Original Sin -- Who Has to Pay For Other People's Contamination

by Foley Hoag LLP - Environmental Law on 9/28/2012

In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, although without original sin, was less innocent and should bear all the costs of...more

State of New Jersey Unsuccessful in Trying to Expand Environmental Liability

by Saul Ewing LLP on 9/27/2012

Any company handling hazardous substances in New Jersey must be aware that while the state was recently unsuccessful in expanding liability for damages under the Spill Act, the Supreme Court clarified what constitutes a...more

McAfee & Taft RegLINC - July 2012: Industry groups voice concern over OSHA’s change to HazCom standard by Heidi Slinkard Brasher

by McAfee & Taft on 7/12/2012

Several industry groups – including the American Petroleum Institute, CropLife America, American Tort Reform Association, National Oilseed Processors Association, and American Chemistry Counsel – have petitioned a federal...more

McAfee & Taft RegLINC - July 2012: Lead in ammunition by Chris Paul

by McAfee & Taft on 7/11/2012

A number of environmental organizations filed suit against the EPA for failure to act on a March 2012 petition related to lead ammunition (Trumpeter Swan Society v. EPA, D.D.C. 6/07/12). Article authored by McAfee &...more

Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption

by Sheppard Mullin Richter & Hampton LLP on 6/29/2012

The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the...more

FHFA Proposes Rule for PACE Programs

by Orrick, Herrington & Sutcliffe LLP on 6/25/2012

On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more

UPDATE: Exhaustion-Of-Administrative-Remedies Requirement Applies If There Is A Public Hearing Before An Agency Determines A...

by Kronick, Moskovitz, Tiedemann & Girard on 6/21/2012

The California Supreme Court recently held that the exhaustion-of-administrative-remedies requirement found in Public Resources Code § 21177, subdivision (a), applies where a public agency determines that a proposed project...more

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Civil Remedies › Administrative Law › Environmental Law