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 Spilman Thomas & Battle, PLLC on 4/30/2012

As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more

by Dickinson Wright on 4/25/2012

IN THIS ISSUE: - Michigan Legislature Reacts Quickly To Dramatic Nonrecourse Liability Decisions Michigan became the focus of national attention in the world of commercial real estate finance in December, when the...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

by K&L Gates LLP on 3/23/2012

In Sackett et vir v. Environmental Protection Agency, the United States Supreme Court held unanimously that a compliance order issued under §309(a)(3) of the Clean Water Act2 is “final action” that is subject to judicial...more