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Environmental Protection Agency (EPA) Sovereign Immunity

Stoel Rives LLP

Ninth Circuit Finds No Sovereign Immunity Waiver For Tribes Under CWA

Stoel Rives LLP on

On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more

Pillsbury - Gravel2Gavel Construction & Real...

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more

Sullivan & Worcester

PFAS in Firefighting Foam Has Contaminated Water Resources on Military Bases and in Surrounding Communities

Sullivan & Worcester on

Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are found in firefighting foam used by the military since the 1970’s for training exercises and to extinguish liquid and gas fires. These compounds are part...more

Faegre Drinker Biddle & Reath LLP

Federal Court Sparks New Scrutiny of EPA’s Sovereign Immunity in Flint Water Cases

The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Municipal Solid Waste Landfills/Clean Air Act: Federal Court Addresses States of California/New Mexico Action Alleging EPA Failure...

The United States District Court (Northern District California) (“Court”) addressed in a December 21st Order an issue involving the Clean Air Act Municipal Solid Waste (“MSW”) Landfill Emission Guidelines. See State of...more

Blank Rome LLP

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Blank Rome LLP on

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

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