News & Analysis as of

Summary Judgment Clean Air Act

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

Operation of Bonnet Carre´ Spillway/National Environmental Policy Act: Federal Appellate Court Addresses Whether Army Corps of...

A group of Mississippi municipalities and associations filed a lawsuit in the United States District Court (S.D. Miss.) against the United States Army Corps of Engineers (“Corps”) for allegedly violating the National...more

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

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

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

Solid Waste Incineration: U.S. District Court Addresses Challenge to Baltimore Ordinance

The United States District Court for the District of Maryland (“Court”) addressed in a March 27th opinion a challenge to Baltimore’s regulation of solid waste incineration facilities in the city. See Wheelabrator Baltimore,...more

Snell & Wilmer

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

Snell & Wilmer on

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

Clark Hill PLC

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have...

Clark Hill PLC on

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from...more

Pillsbury - Gravel2Gavel Construction & Real...

WV District Court: EPA Has A Non-discretionary Duty Under The CAA To Evaluate Economic Losses Resulting From Government Action

On October 17, the U.S. District Court for the Northern District of West Virginia coalgranted summary judgment to Murray Energy Corporation, which sued the Environmental Protection Agency (EPA) seeking declaratory and...more

Nossaman LLP

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

Nossaman LLP on

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more

Foley Hoag LLP - Environmental Law

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

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