The Tennessee Division of Solid Waste Management (“TDSWM”) issued a February 7th Proposed Director’s Order and Assessment (“Order”) to SRG Global Coatings, LLC (“SRG”). See Case No. HWM 24-0024.
The Order provides that...more
The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more
The Supreme Court, Appellate Division of New York (“Appellate Division”) addressed in an April 3rd Memorandum and Order (“Memorandum”) issues arising in connection with the rehabilitation of a one-million-gallon standpipe....more
4/8/2025
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Breach of Contract ,
Construction Contracts ,
Construction Litigation ,
Contamination ,
Contract Disputes ,
Contract Interpretation ,
Hazardous Substances ,
Indemnification ,
Lead ,
New York ,
Site Remediation
The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more
The United States Environmental Protection Agency (“EPA”) extended on March 20th the reporting deadline under the Greenhouse Gas Reporting Rule for 2024 data. See 90 Fed. Reg. 13085.
EPA extended the reporting deadline...more
The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more
2/28/2025
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Center for Biological Diversity ,
Compliance ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Pollution Control ,
Regulatory Authority ,
Regulatory Requirements ,
Toxic Chemicals
The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more
2/21/2025
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Conservation ,
Endangered Species Act (ESA) ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Forest Service ,
Natural Resources ,
NEPA ,
Regulatory Requirements
The Tennessee Department of Environment and Conservation (“TDEC”) issued a January 17th Proposed Director’s Order and Assessment (“Order”) to Sherwin-Williams Company (“Sherwin-Williams”) addressing alleged violations of the...more
1/24/2025
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Civil Monetary Penalty ,
Compliance ,
Enforcement ,
Enforcement Actions ,
Environmental Policies ,
Environmental Violations ,
Hazardous Substances ,
Regulatory Requirements ,
State and Local Government ,
Waste Management
The United States Court of Appeals (“9th Circuit”) addressed in a December 18th memorandum issues arising out of challenges to the Natural Resource Conservation Services (“NRCS”) funding of an irrigation district. See Matthew...more
1/6/2025
/ Appeals ,
Appellate Courts ,
Arbitrary and Capricious ,
Easements ,
Funding ,
Natural Resources Conservation Service (NRCS) ,
NEPA ,
Nuisance ,
Oregon ,
Property Owners ,
Riparian Rights ,
Summary Judgment ,
Wetlands
The Natural Resources Defense Council (“NRDC”) and two other environmental organizations filed on December 20th a document styled:
Motion of Newburgh Clean Water Project, Natural Resources Defense Council, and Sierra...more
Flooding/Continuous Tort: Louisiana Court of Appeals Addresses Prescription Issue -
The Court of Appeals of Louisiana (4th Circuit) (“Court”) addressed in a December 17th Opinion an issue arising out of a property owner’s...more
The American Water Works Association (“AWWA”) filed on December 13th a document styled:
Petition for Review of the Lead and Copper Rule Improvements (“LCRI”)....more
The Tennessee Department of Environment of Environment and Conservation (“TDEC”) issued an October 29th Proposed Order and Assessment (“Order”) to Om Ganganath, Inc. (“OGI”) addressing alleged violations of the Tennessee...more
The National Waste & Recycling Association (“NWRA”) filed a Petition for Review (“Petition”) before the United States Court of Appeals for the District of Columbia Circuit challenging a Final Action undertaken by the United...more
The United States Court of Appeals for the District of Columbia Circuit (“Court”) issued a November 12th Opinion addressing an issue arising out of the National Environmental Policy Act (“NEPA”). See Marin Audubon Society, et...more
The Arkansas Court of Appeals in an October 23 Opinion addressed an issue arising out of the operation and funding of a sewer improvement district sanitary sewer system. See Layman Lane, LLC. v. Suburban Sewer Improvement...more
Co-Author Jesse Long The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an October 4th opinion an issue arising out of an adverse possession action. See Cozy Cove Marina, Inc. vs. Nelson Properties...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed an interpretive dispute regarding a Surface Use Agreement (“SUA”) pertaining to oil and gas operations in a July 23rd opinion. See...more
The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more
Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more
The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See Bruneau v. Midland County, et al., No....more
Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more
Co-Author Minoah Milam The Court of Appeals of Minnesota (“Court”) addressed in a May 20th Opinion, issues arising out of a landowner’s actions to address water flow onto her property. See Plymouth v. Kristensen No....more
Co-author: Christian Parker The Court of Appeals in Arizona (“Court”) in a May 14th Opinion addressed a tax issue involving renewable energy requirements. See Agua Caliente Solar, LLC v. Arizona Dept. of Revenue. No....more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189.
The...more