News & Analysis as of

Clean Air Act Statute of Limitations

Jones Day

Baltimore's Climate Change Lawsuit Dismissed

Jones Day on

In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more

ArentFox Schiff

Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers

ArentFox Schiff on

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Lives On (For Now) — A Split Decision for Ameren

The 8th Circuit Court of Appeals has largely affirmed a District Court order finding that Ameren Missouri violated the NSR provisions of the Clean Air Act in making major modifications to its Rush Island facility. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V Permit/Clean Air Act: Federal District Court Addresses Statute of Limitations Issue

A United States District Court (D. Colorado)(“Court”) addressed in a March 30th Order issues arising out of a Clean Air Act Citizen Suit enforcement action (“Action”). See Wildearth Guardians, et al. v. Mountain Coal Company,...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Pillsbury - Gravel2Gavel Construction & Real...

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

Foley Hoag LLP - Environmental Law

The Statute of Limitations Narrows a Bit More on PSD Violations: Sierra Club Suffers a Self-Inflicted Wound

The law is full of fine distinctions. Today’s example? A divided 10th Circuit panel affirmed dismissal of the Sierra Club’s citizen suit claims against Oklahoma Gas and Electric concerning alleged PSD violations at OG&E’s...more

Foley Hoag LLP - Environmental Law

Perhaps EPA’s NSR Enforcement Initiative Is Now Dead? EPA Loses Another

Last year, after a string of defeats for EPA in its NSR enforcement initiative, I suggested that the initiative was in trouble, but that EPA was probably not yet ready to concede defeat. After the latest blow, earlier this...more

Beveridge & Diamond PC

Three NEPA Practices That Should Go the Way of Voting on Tuesdays

Beveridge & Diamond PC on

...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement. NEPA practice follows this same trend, often at the expense of...more

Foley Hoag LLP - Environmental Law

Yes, Virginia, NSR Really is a Preconstruction Permitting Program: Another NSR Enforcement Case Fails on Statute of Limitations...

The trend of cases holding that the NSR provisions of the Clean Air Act constitute a one-time preconstruction review requirement got stronger earlier this month, as the decision in Sierra Club v. Oklahoma Gas and Electric...more

BakerHostetler

EPA Seeks Rehearing in Major Clean Air Act Case

BakerHostetler on

Last week, EPA filed a petition for rehearing in United States v. Midwest Generation, LLC, 720 F.3d 644 (7th Cir. July 8, 2013) (filed September 3). This petition, which argues that the government is not barred by the...more

Foley & Lardner LLP

Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

Foley & Lardner LLP on

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide