Civil Remedies – May 23, 2012

by Sedgwick LLP on 5/16/2012

The Fifth Circuit Court of Appeals vacated the U.S. Environmental Protection Agency’s (EPA) disapproval of Texas’ State Implementation Plan (SIP), finding that the EPA’s action was arbitrary and capricious. In Luminant...more

by Foley Hoag LLP - Environmental Law on 5/2/2012

The Lower Fox River Superfund site continues to pump out decisions on key CERCLA issues. Most recently, the federal court in Wisconsin in US v. NCR Corp. took on the issue of divisibility of harm in granting a preliminary...more

by Allen Matkins Leck Gamble Mallory & Natsis... on 4/26/2012

On April 17, 2012, the Court of Appeal for the Second Appellate District issued its opinion in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority holding that in certain circumstances – projected future...more

by Patton Boggs LLP on 4/18/2012

The second anniversary of the April 20, 2010 Deepwater Horizon oil spill highlights the big legal risks that come from an oil spill, whether at wells such as BP’s Macondo well, or at pipelines, terminals, storage tanks, or on...more

by Cullen and Dykman LLP on 4/13/2012

Within a week of each other, two lower courts in New York upheld municipal bans on hydraulic fracturing and gas drilling in the Towns of Dryden and Middlefield. These two cases are being closely watched for their precedent...more

by Foley Hoag LLP - Environmental Law on 4/10/2012

I have had a number of clients ask me recently about the status of EPA’s efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question....more

by Mintz Levin on 4/3/2012

The United States Supreme Court has unanimously ruled that Environmental Protection Agency (EPA) administrative orders under the Clean Water Act are subject to pre-enforcement judicial review. However, the Supreme Court’s...more

by White & Case LLP on 3/23/2012

On March 21, 2012, the U.S. Supreme Court ruled that landowners may bring a civil action under the AdministrativeProcedure Act to challenge administrative compliance orders issued under the Clean Water Act. Sackett v. EPA, __...more