Environmental Civil Procedure

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BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

Federal Judge Grants Preliminary Injunction Blocking Enforcement of New BLM Hydraulic Fracturing Rules

On September 30, 2015, the U.S. District Court for the District of Wyoming granted a motion for a preliminary injunction preventing enforcement of the U.S. Bureau of Land Management’s (BLM) recently issued hydraulic...more

CT Law of the Land

Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

Land Use Matters: Alston & Bird LLP, September 2015

The 1st District Court of Appeal invalidated the use of a statutory exemption applicable to the State Lands Commission’s (SLC) approval of a land exchange. The land exchange related to the 8 Washington Street Project, which...more

A Brief Rant on Cost-Effectiveness Analysis

On September 29, 2015, I posted about the 3rd Circuit’s decision to remand EPA’s approval of Pennsylvania’s regional haze SIP. Although I think that the decision was important and largely unobjectionable, it did get one...more

Record Review Means That EPA Must Refer To the Record: The Third Circuit Remands EPA’s Approval of the Pennsylvania Regional Haze...

On Tuesday, the 3rd Circuit Court of Appeals remanded EPA’s approval of Pennsylvania’s regional haze SIP. The decision is a must-read for practitioners. It decides some important issues and provides important reminders for...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

Can EPA Keep Winning By Losing? Another Court Remands An EPA Rule Without Vacatur

Last Wednesday, the D.C. Circuit Court of Appeals remanded EPA’s rule exempting stationary engines that operate up to 50 hours per year to supply non-emergency service to power providers from the EPA NESHAP for reciprocating...more

BB&K Files Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case

A team of BB&K attorneys, working pro bono, garnered headlines this week for case of first impression. Best Best & Krieger LLP filed a petition to the U.S. Supreme Court on behalf of two cities and 10 water agencies,...more

A Dangerous Product Does Not Necessarily Have A Design Defect

When the Town of Lexington detected PCBs in building caulk and then in indoor air in an elementary school built in 1960-61, it sued Pharmacia, alleging that Pharmacia sold a product – PCBs – with a design defect. In alleging...more

Vermonters Sue Volkswagen Over Emissions Testing Deceit

Vermont Volkswagen car owners headed by Charlotte resident Robert Turnau have sued Volkswagen companies in Germany and the United States over damages they suffered as a result of the company’s falsification of emissions...more

Why Is John Prine Involved In A Suit By Shareholder Activists?

In one of the more consequential legal decisions of recent times, Magistrate Judge Kelly Rankin ruled recently that she would not strike part of a complaint filed by shareholder activists against Peabody Energy Corporation,...more

A Potential Trap for Appeals to Local Zoning Boards of Appeals

A ruling this month by the Maine Supreme Judicial Court (SJC) in Campbell v. City of South Portland, 2015 ME 125, could have fatal implications for some land use appeals. In Campbell, the building inspector issued a...more

Attorney Fees Are Improper Where The Services Were Not A Catalyst For Municipal Action Under CEQA

In Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, 2015 DJDAR 7857, the California Court of Appeal for the Fourth Appellate District decided an interesting case under the California Environmental Quality Act...more

With Latest Filings, Decision On Preliminary Injunction Motions In Litigation Against BLM Fracking Rule Expected Soon

In June, a Wyoming federal district court temporarily delayed implementation of the Bureau of Land Management’s (“BLM”) new final rule regulating hydraulic fracturing on federal public lands, while it granted the BLM an...more

Can a Public Agency Inadvertently Waive Attorney-Client & Work Product Privileges? First and Second Appellate District Split on...

In January, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles. In Ardon, the court found that a public entity can waive statutory privileges that it otherwise would have if it produces...more

Ninth Circuit Vacates EPA’s Unconditional Registration for the Neonicotinoid Pesticide Sulfoxaflor Based on Hazard to Bees

In an opinion issued on September 10, 2015, the U.S. Court of Appeals for the Ninth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) unconditional registration for the pesticide sulfoxaflor and remanded the...more

D.C. Circuit Denies Motion of 15 States to Stay Deadlines for CPP Compliance

On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by 15 states that sought an immediate stay of certain deadlines in the Environmental Protection Agency’s...more

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

EARL e-news: Update 2 on WOTUS: Updates on Environmental, Administrative and Regulatory Law

The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that...more

California Environmental Law & Policy Update - September 2015

Environmental and Policy Focus - North Dakota federal court limits injunction as to “Waters of the U.S.” rule to 13 states: The Hill - Sep 4 - A federal judge today declined to extend his order enjoining application of...more

Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates

In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario against either or both...more

California Supreme Court Ponders Greenhouse Gas, Fully Protected Species Issues

The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated...more

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