News & Analysis as of

Injunctions Environmental Protection Agency (EPA)

Mintz

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

Mintz on

Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

Mintz

The Clean Water Act might now have a broader reach in States that challenged EPA's and the Corps' pre-Sackett WOTUS rule than in...

Mintz on

Sam Hess of Inside EPA reports that EPA and the Corps of Engineers are going to apply their tenth, post-Sackett, attempt to define Waters of the United States only in the states and territories that aren't subject to...more

Mintz

EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now.

Mintz on

Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry groups challenging EPA's eighth attempt to determine the jurisdictional reach of the...more

Foley Hoag LLP - Environmental Law

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more

Foley Hoag LLP - Environmental Law

Another Nail In Coal’s Coffin

I’m not sure it’s even really news at this point, but earlier this week Ameren Missouri announced that it would close its Rush Island Energy Center generating plant early, rather than spend the money to install flue gas...more

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

Womble Bond Dickinson on

What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Foley Hoag LLP - Environmental Law

Woe Is WOTUS, Redux

Sometimes, history repeats itself. Sometimes, that is not a good thing. After the Obama WOTUS rule was promulgated in 2015, the challenges came fast and furious, and in multiple forums. The Supreme Court, as I put it,...more

Sheppard Mullin Richter & Hampton LLP

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

Allen Matkins

California Environmental Law & Policy Update - June 2016 #2

Allen Matkins on

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Allen Matkins

California Environmental Law & Policy Update - October 2015 #4

Allen Matkins on

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...more

Allen Matkins

California Environmental Law & Policy Update - September 2015

Allen Matkins on

Environmental and Policy Focus - North Dakota federal court limits injunction as to “Waters of the U.S.” rule to 13 states: The Hill - Sep 4 - A federal judge today declined to extend his order enjoining application of...more

Nossaman LLP

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

Nossaman LLP on

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

Foley Hoag LLP - Environmental Law

Two Days, Three Decisions, One Big Mess: Welcome to Judicial Review of the Waters of the United States Rule

On Wednesday, Judge Irene Keeley of the Northern District of West Virginia held that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States, because courts of appeal...more

Foley Hoag LLP - Environmental Law

Is the NSR Enforcement Initiative Dead Yet? Injunctive Relief Claims Dismissed Against U.S. Steel

Last Friday, EPA lost another NSR enforcement case. Not only that, but this was a case EPA had previously won. As we noted last August, Chief Judge Philip Simon of the Northern District of Indiana, had previously ruled that...more

Foley Hoag LLP - Environmental Law

More on Old NSR Claims: Injunctive Relief Remains Available Against Original Owners Foolish Enough Not to Have Sold

As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to implementing major modifications are not continuing, but are instead one-time...more

Allen Matkins

California Environmental Law and Policy Update - January 10, 2013

Allen Matkins on

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

Stinson LLP

Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants

Stinson LLP on

On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more

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