Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January...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
Yesterday a three judge panel of the United States Court of Appeals for the District of Columbia heard from lawyers for the Public Employees for Environmental Responsibility (PEER) and the Environmental Protection Agency...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued an August 15th decision interpreting the Resource Conservation and Recovery Act (“RCRA”) term “manufacturing process unit”...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a July 1st Opinion addressed a prior September 29th decision discussing the potential liability of a public water system pursuant to the imminent...more
The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more
The Natural Resources Defense Counsel has told the 9th Circuit Court of Appeals that overturning a three judge panel's "faithful application" of RCRA "could restrict private parties' abilities to use RCRA to address imminent...more
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more
The United States Court of Appeals for the Seventh Circuit (“7th Circuit”) addressed in an August 16th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Schmucker v....more
The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more
The Supreme Court of Alabama (“SCt”) addressed in a November 6th Opinion a challenge to certain Alabama Department of Environmental Management (“ADEM”) rules applicable to solid waste landfills. See Ex Parte Lance R. Lefleur,...more
The Court of Appeal of Louisiana (First Circuit) (“Court”) issued a September 23rd opinion addressing a challenge to the Louisiana Department of Environmental Quality’s (“LDEQ”) granting of a Verified Reclamation Facility...more
The Environmental Technology Council (“ETC”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the fee schedule issued by the United States Environmental...more
Vickery Environmental, Inc. (“Vickery”) filed an October 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging certain conditions...more
The United States Court of Appeals for the District of Columbia Circuit has upheld the Transfer-Based Exclusion in EPA’s final rule Revisions to the Definition of Solid Waste, 73 Fed. Reg. 64,668, 64,669 (Oct. 30, 2008). The...more
EPA promulgated a final rule in 2015 redefining “solid waste” under the Resource Conservation and Recovery Act (“RCRA”) to curb sham recycling (the “Rule”). In the August 2017 issue of Environmental Notes, we reported that...more
The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more
The United States Court of Appeals for the District of Columbia Circuit recently rejected portions of an EPA rule designed to distinguish true recycling from “sham recycling” under the Resource Conservation and Recovery Act...more
On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more
Decision finds operator of a lead and zinc smelter not liable as an “arranger” under CERCLA for aerial deposition of heavy metals. On July 27, a panel of the US Court of Appeals for the Ninth Circuit unanimously held...more
Yesterday, the Ninth Circuit Court of Appeals issued in the long-running Pakootas v. Teck Cominco Metals, Ltd. litigation another important decision further defining the scope of liability under the federal Comprehensive...more
Seyfarth Synopsis: The Eighth Circuit found that a class action could not be sustained in an environmental pollution case because “the class lacks the requisite commonality and cohesiveness to satisfy Rule 23.”...more
With a back story sparked by the tragedy of 9/11 and that at times reads like a novel teeming with alleged government cover-up, fraud and employee persecution, EPA has agreed to a March 31, 2016, deadline for deciding whether...more
In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more