Environmental Civil Procedure Civil Remedies

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Supreme Court Stays Implementation of Controversial Clean Power Plan

The 5-4 decision temporarily blocks further execution of the EPA’s new plan to cut carbon emissions from existing power plants. On February 9, the US Supreme Court handed a potentially significant defeat to the Obama...more

Clean Power Plan Put on Hold

On Tuesday, February 9, 2016, the United States Supreme Court granted a stay preventing the Environmental Protection Agency from implementing its Clean Power Plan (“CPP), a controversial effort by the EPA to control...more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

US Supreme Court stays Clean Power Plan

The Supreme Court of the United States has issued an order staying the U.S. Environmental Protection Agency's Clean Power Plan regulations limiting carbon emissions from electric power plants. As a result, the rule's effect...more

EPA and DOJ Cannot Sugarcoat This: SCOTUS Stays the Clean Power Plan

On February 9, 2016, the Supreme Court stayed EPA’s Clean Power Plan rule. No matter how much EPA and DOJ proclaim that this says nothing about the ultimate results on the merits, the CPP is on very shaky ground at this...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

Motion to Amend CEQA Action Judgments to Make Additional Judgment Debtor Liable For Million Dollar Fee Award Not Barred By...

In a published opinion filed January 26, 2016, the Court of Appeal for the Fourth Appellate District (Division 2) reversed a trial court’s order denying CEQA plaintiffs’ motion to amend judgments entered four (4) years...more

Court in BP Oil Spill Litigation Denies Standing for Special Purpose Entities Created Solely for Litigation

A January 4, 2016 opinion in the Southern District of Texas by Judge Keith Ellison (“Op.”) in the In re: BP p.l.c. Securities Litigation, MDL No. 4:10-md-2185, has taken up the issue of whether plaintiffs can properly assign...more

California Environmental Law & Policy Update - January 2016 #4

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

Ninth Circuit Denies EPA Motion for Vacatur, Grants EPA Motion for Remand

On January 25, 2016, in a significant development in the case involving the continued registration of DowAgrosciences LLC’s (DowAgro) Enlist Duo product, the U.S. Court of Appeals for the Ninth Circuit in Case Nos. 14-73353,...more

Litigating Environmental Whistleblower Claims Under OSHA Procedures

The federal government is allocating more time and resources to whistleblower programs. Now, more than ever, companies need to take steps to minimize exposure to whistleblower claims. When a whistleblower case is filed, it...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

Unlike Keith Richards, I Have Not Fallen Out Of A Tree

Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP. Today, the Court vindicated my faith in judicial rationality and refused to grant a stay. In a brief order, the...more

Environmental Justice Lawsuit Accuses L.A. of Discriminatory Oil Permitting

On Friday, November 6, three environmental organizations filed suit against the City of Los Angeles in California Superior Court for the County of Los Angeles. The three groups, Youth for Environmental Justice, the Center for...more

Updates on Environmental, Administrative and Regulatory Law: EARL e-News: Sixth Circuit Stays New 'Waters of the United States'...

On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of...more

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

The Sixth Circuit Stays the Waters of the United States Rule: Just a Plain Vanilla Preliminary Injunction — Not!

On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count...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

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

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

EARL e-News: Update on New Clean Water Act Rule - Updates on Environmental, Administrative and Regulatory Law

On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take...more

Controversial Waters of the U.S. Rule Blocked in 13 States

The WOTUS rule is concerning to many industry sectors because it would significantly expand Clean Water Act (CWA) jurisdiction for the agencies. In particular, the rule would extend jurisdiction to broad definitions of...more

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

15 States Seek Stay of Clean Power Plan Compliance Deadlines

Litigation over the Environmental Protection Agency’s (EPA) recently issued “Clean Power Plan” (CPP) has already begun. On August 13, 2015, 15 States (the “States”) filed an emergency petition in the United States Court of...more

EARL e-News: The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina - Updates on Environmental,...

In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination...more

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