[Podcast] Catching Up on Canadian Environmental Regulation
The Great Green North: A Discussion on Canada’s Environmental Regulations
Recent Actions on Ag Biotech by EPA’s Emerging Technologies Branch
The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more
In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more
The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more
In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more
The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more
The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more
The Court of Appeals of Arkansas (“Appellate Court”) addressed in a November 29th Opinion the Arkansas Regional Solid Waste Management Districts’ (“ARSWMD”) ability to assess certain fees. See Benton County Regional Solid...more
As previously noted in April 18th and April 19th blog posts, the Mayor of Tontitown and certain individuals filed separate (two) Requests for Adjudicatory Hearing and Commission Review (collectively “Petitions”) before the...more
The Tennessee Air Pollution Control Board ("Board") issued a proposed Technical Secretary's Order and Assessment of Civil Penalty ("Order") on March 15th to Hommel Concrete Company ("HCC"). See APC22-0192. The Order...more
Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....more
The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more
The Tennessee Air Pollution Control Board (“Board”) issued a November 1st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Assurance Operations Corporation d/b/a AOC Metal Works (“Assurance”)....more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed...more
A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more
The Alabama Department of Environmental Management can finally breathe a sigh of relief, as the Court of Appeals for the Eleventh Circuit issued an opinion today affirming the U.S. EPA’s January 11, 2017 decision not to...more
C & H Hog Farms, Inc. (C & H) has filed responses to certain Arkansas Department of Environmental Quality (“ADEQ”) motions in its appeal of the agency’s denial of a Regulation 5 permit for its sow-farrowing facility in Newton...more
On July 11, the Texas Court of Appeals, Third District, at Austin, TX, decided the case of Freestone Power Generation, LLC, v. Texas Commission on Environmental Quality, et al., reversing the trial court’s ruling that eight...more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more
You might recall previous entries discussing Parr v. Aruba – a suit for personal injuries from oilfield pollution (and a $2.9MM verdict for the plaintiffs). Not all similar suits have the same result....more