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Civil Remedies Zoning, Planning & Land Use Environmental

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

Hazardous Waste Enforcement: United States Environmental Protection Agency and Henry, Virginia Paint Manufacturer/Solvent Blender...

The United States Environmental Protection Agency (“EPA”) and Blue Ridge Solvents & Coatings, Inc. (“Blue Ridge”) entered into a February 9th Consent Agreement (“CA”) addressing alleged violations of Resource Conservation and...more

Water Enforcement: Mississippi Commission on Environmental Quality and Biloxi, Mississippi Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality and Waring Oil Company, LLC (“Waring”) entered into a January 18th Agreed Order (“AO”) addressing an alleged violation of the Mississippi Code related to the release of...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Garland, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and City of Garland, Arkansas (“Garland”) entered into a January 10th Consent Administrative Order (“CAO”) addressing alleged violation of a Clean Water Act National...more

Storm Water Enforcement: Mississippi Commission on Environmental Quality and Jackson County, Mississippi Solid Waste Management...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Applewhite Recycling Systems LLC (“Applewhite”) entered into a December 20th Agreed Order (“AO”) addressing alleged violations of a storm water permit. See...more

Storage Tank/Licensing Enforcement: Arkansas Department of Environmental Quality and Strong, Arkansas Storage Tank Owner Enter...

The Arkansas Department of Environmental Quality (“ADEQ”) and Dimum, Inc. dba Jade Foods (“DI”) entered into a January 20th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and...more

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

by Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

Forest Service Properly Analyzed Potential Impacts Of Forest Restoration Project On Pine Marten And Fisher Populations

by Perkins Coie on

The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

U.S. Environmental Protection Agency Office of Criminal Enforcement, Forensics and Training: Environmental Crimes Case Bulletin –...

The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more

Common Law/Clean Water Act Action: Lawrence County Landowners Lawsuit Challenging Lawrence County, Arkansas Bridge

A group of landowners and farmers (collectively “landowners”) filed an October 10th lawsuit in the United States District Court for the Eastern District of Arkansas against Lawrence County, Arkansas. See No. :...more

Wetland Mitigation Banks: Louisiana Appellate Court Addresses Whether Public Bid Law Applies to the Sale of Credits

The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

Public Decision Making Newsletter Winter 2017

by DLA Piper on

This newsletter summarises recent developments in resource management and local government law in New Zealand that are of particular relevance to local authorities and decision makers. In this edition, we address recent...more

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

by Holland & Knight LLP on

In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

by Nossaman LLP on

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

Discharge Permits Not Required to Transfer Water: Court Upholds EPA Rule

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling confirming the legality of the Environmental Protection Agency’s (“EPA’s”) Water Transfers Rule in Catskill Mountains Chapter of Trout...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

by Nossaman LLP on

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

California Supreme Court Rules That Agencies—Not Courts—Determine Whether Modified Projects Are Subject to CEQA's Subsequent...

On September 19, the California Supreme Court held unanimously in Friends of the College of San Mateo Gardens v. San Mateo County Community College, that agencies—and not courts—must decide whether the "subsequent review"...more

CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency

by Best Best & Krieger LLP on

Appellate Victory for Developers and Public Agencies - A developer can recover the cost of preparing a California Environmental Quality Act administrative record, even when the lead agency, not the developer, actually...more

Developer Awarded Cost of Preparing Administrative Record in CEQA Lawsuit

by Snell & Wilmer on

Lawsuits under the California Environmental Quality Act (“CEQA”) typically proceed as petitions for administrative mandamus. This means the petitioner is asking the court to review an agency’s decision and ultimately issue a...more

Do you need a Section 404 permit for your real estate development?

by Thompson Coburn LLP on

Real estate developers recognize the importance of obtaining a Phase I environmental site assessment to review existing environmental site conditions. However, other conditions — creeks, streams, ditches or other water...more

California Court of Appeal Partially Upholds Air Quality Thresholds of Significance Following State Supreme Court Decision

by Latham & Watkins LLP on

In a published decision, following the Supreme Court’s decision in California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal.4th 369, the First District Court of Appeal upheld...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

by Stoel Rives LLP on

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

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