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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Federal Court in California Denies Remand of Climate Change Litigation

by Jones Day on

The Situation: In what may portend the beginning of the end to the latest chapter of U.S. filed state law "global warming" or climate change litigation against industry, a federal court in San Francisco denied a motion to...more

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

Definition of Solid Waste/RCRA: U.S. Court of Appeals for D.C. Circuit Addresses Petition for Rehearing/Challenges to 2015...

The United States Court of Appeals, District of Columbia Circuit (“Court”), addressed in a March 6th Opinion petitions for Panel Rehearing of a July 7, 2017 decision addressing the Resource Conservation and Recovery Act...more

Global Warming Public Nuisance Actions Will Stay In Federal Court

On February 27, the U.S. District Court for the Northern District of California rejected motions filed by the cities of Oakland and San Francisco to remand two global warming public nuisance lawsuits filed by the cities in...more

FERC Has Options If Court Of Appeals Seeks To Shut Down An Operating Interstate Pipeline

by Pierce Atwood LLP on

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations? On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the...more

California Environmental Law & Policy Update - March 2018

by Allen Matkins on

Focus - U.S. Supreme Court lets stand EPA's permit exemption for water transfers - Reuters - Feb 26 The U.S. Supreme Court on Monday unanimously declined to review a challenge led by states and environmental groups to a...more

Federal Common Law Controls California Climate Actions: Never a Dull Moment

Earlier this week, Judge William Alsup denied a motion by Oakland and San Francisco to remand their public nuisance claims against some of the world’s largest fossil fuel producers to state court. However, I’m not sure that...more

No parent company duty of care for Niger Delta claims

by Allen & Overy LLP on

The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Vedanta Resources Plc [2017]...more

Common-Law Contamination Action/Oil and Gas Production: Was Landowner Required to Exhaust Administrative Remedies Before...

The United States District Court (Mississippi-Western Division) (“Court”) issued a February 16th Memorandum Opinion and Order (“Opinion”) addressing whether a landowner’s common-law contamination claim related to oil and gas...more

BLM Changes Policy; A Court Says Its Reasons Aren’t Good Enough

As I’ve noted previously, the fight over the Trump Administration’s effort to change course on a number of Obama environmental initiatives is going to focus in significant part on FCC v. Fox Television Stations, in which the...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

by Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more

Weighing the Costs and Risks of Litigation

by Davis Wright Tremaine LLP on

Citgo Petroleum received a Valentine’s gift of sorts from the Fifth Circuit Court of Appeals on February 14, in United States v. Citgo Petroleum Corporation. The Court affirmed an $81MM civil penalty assessed by the district...more

The Fate of the CCR Rule “is” Still in Dispute

by Williams Mullen on

In May of last year, Environmental Notes reported on the many petitions that had been filed challenging EPA’s 2015 promulgation of a final waste management rule addressing the management and disposal of coal combustion...more

Energy and other project developers take note: Clean Water Act's reach still uncertain in wake of Supreme Court ruling on "Waters...

by DLA Piper on

The breadth of the meaning of "waters of the United States" under the federal Clean Water Act (CWA) has bedeviled courts, environmental activists, and energy and other project developers for decades. Unfortunately, a recent...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

SCOTUS Sends WOTUS Back TO District Courts

by Snell & Wilmer on

On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States...more

Supreme Court Holds Challenges to ‘Waters of the United States’ Rule Must Be Brought in District Courts

by Morgan Lewis on

The decision could delay the resolution of challenges to the US Environmental Protection Agency’s Clean Water Act regulations and may result in conflicting interpretations from different federal district courts. ...more

California Environmental Law & Policy Update - January 2018 #4

by Allen Matkins on

Focus - Supreme Court rules that WOTUS rule challenges should be heard by federal district courts - The Hill - Jan 22 The Supreme Court unanimously ruled Monday that cases litigating the validity of an Obama-era...more

Environmental Consultant Documents: Federal District Court Addresses Potential Application of Attorney-Client Privilege/Work...

The United States District Court (Western District of Oklahoma) addressed in a January 11th Order the potential application of the attorney-client privilege and work product doctrine to certain documents generated by...more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

December 2017: Energy Litigation Update

Recent Federal Decisions on the Constitutionality of State Power-Plant Subsidies. Given an absence of a federal scheme to subsidize power plants that may provide certain benefits (like low carbon emissions) that are not fully...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

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