The Court of Appeals of Oregon (“Court of Appeals”) addressed in an April 24th Opinion an issue arising out of the sale of an industrial property. See Gunner, LLC v. Miller, 2024 WL 1756829.
The question involved whether...more
The New York Supreme Court, Appellate Division (“Court”) addressed in a March 22nd Memorandum and Order (“Order”) a judicial challenge to a Local Law enacted by the town of Carroll (“Town”). See Carol L. Jones, et al. v. Town...more
The Tennessee Department Environment & Conservation (“TDEC”) issued a February 27th Director’s Order and Assessment (“Order”) to Walnut Creek Timber, LLC (“Walnut Creek”).
The Order provides that Walnut Creek operates a...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued a February 7th Proposed Order and Assessment (“Order”) to Murphy Oil USA, Inc. (“Murphy”).
The Order provides that Murphy is the registered owner of...more
The Court of Appeals of Washington, Division 2 (“Court of Appeals”) addressed in a February 13th Opinion a challenge to a King County Code (“KCC”) involving flow control. See SkyCorp Ltd. v. King County, 2024 WL...more
The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more
The Court of Appeals of Ohio (“Appellate Court”) addressed in a February 5th Opinion issues arising out of a judicial action for damages due to the release of sulfuric acid causing an injury. See Einbecker v. Gates...more
The Court of Appeals of South Carolina (“Court”) addressed in a January 3rd opinion an insurance coverage issue associated with a claim related to polychlorinated biphenyls (“PCBs”) deposited by a third party into a...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in a January 8, 2024, Opinion the constitutionality of an Iowa Ag-Gag law. See Animal Legal Defense Fund v. Reynolds, 89 F.4th 1065 (8th...more
The Supreme Court of Oregon (“S.Ct.”) addressed in a December 7th Opinion an issue involving the “Auto Dismantler Exemption” (“Exemption”) to the State of Oregon’s solid waste permitting program. See PNW Metal Recycling, Inc....more
12/21/2023
/ Administrative Procedure Act ,
Appeals ,
Department of Environmental Quality ,
Department of Transportation (DOT) ,
Exemptions ,
OR Supreme Court ,
Permits ,
Recycling ,
Scrap Metal ,
Solid Waste ,
Waste Management
The United States Environmental Protection Agency (“EPA”) published in the December 1st Federal Register proposed amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants for the oil and gas...more
The Court of Appeals of Arkansas (“Appellate Court”) addressed in a November 29th Opinion the Arkansas Regional Solid Waste Management Districts’ (“ARSWMD”) ability to assess certain fees. See Benton County Regional Solid...more
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a November 14th decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) permit issued by the Texas Commission on...more
The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more
Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled:
Petition for Review by Protect...more
The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...more
The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled:
Petition for Review of...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more
The Tenth Circuit United States Court of Appeals (“Court”) addressed in a September 18th Opinion a petition filed by the Center for Biological Diversity (“Center”) alleging that the U.S. Environmental Protection Agency...more
A Massachusetts appellate court addressed in an August 10th Opinion an issue arising out of the flooding of property allegedly caused by adjacent road improvements. See Gillis v. Town of Uxbridge, No. 22-P-641, 2023 WL...more
The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more
The United States Court of Appeals for the District of Columbia (“Court”) addressed in a July 25th decision an issue involving the Resource Conservation and Recovery Act (“RCRA”) hazardous waste characteristic of corrosivity....more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled:
Addressing PWS...more
Co-Author: Elizabeth Strickland The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a June 16th decision certain Mining Safety and Health Administration (“MSHA”) regulations. See Peabody Midwest...more
The Federal Circuit (“Court”) addressed an issue arising out of a municipality’s agreement to stormwater fees on federal property. See City of Wilmington v. United States, 68 F.4th 1365 (Fed. Cir. 2023).
The question...more