News & Analysis as of

Reversal Permits

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Williams Mullen on

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Stoel Rives - Renewable + Law

MEPA Review Not Required as Part of Wisconsin Gas Plant Affiliated-Interest Agreements, Says Minnesota Supreme Court

As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review.  In so doing, the Court concluded that...more

(ACOEL) | American College of Environmental...

In re PennEast Pipeline Company: A New Twist in the Pipeline or Established Constitutional Law?

Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility

On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more

Snell & Wilmer

Nevada Supreme Court Clarifies Application of the Anti-Speculation Doctrine to Water Permit Extension Requests

Snell & Wilmer on

In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State...more

Downey Brand LLP

Court of Appeal Allows CEQA Challenge to PG&E Tree Removal Project to Proceed, But Finds Claims under Planning & Zoning Law...

Downey Brand LLP on

On October 23, the First Appellate District issued its opinion in Save Lafayette Trees v. City of Lafayette et al. (Case No. A154168) finding that Save Lafayette Trees’ (“Save Lafayette”) CEQA challenge to a Pacific Gas and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

BCLP

Is That Your Final Answer? A Recent Court Decision Clarifies When an Action is Final for Judicial Review Under the...

BCLP on

KEY TAKEAWAYS - ..The Eleventh Circuit Court of Appeals reversed a lower court decision that denied a special use permit for a telecommunications tower based upon the timeliness of filing suit 50 days after documentation...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Farella Braun + Martel LLP

Fourth Circuit Joins Ninth Circuit in Expanding Clean Water Act Jurisdiction Over Discharges to Navigable Waters Conveyed Through...

Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more

Holland & Knight LLP

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

Holland & Knight LLP on

• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Hinshaw & Culbertson LLP

Revision Of Coal Mining Permit By Environmental Group Results In Attorney Fee Award

In Black Mesa v. Jewell, 2015 DJDAR 1050, the United States Court of Appeals for the Ninth Circuit concluded that an environmental group was entitled to an award of attorney fees arising out of their challenge to the Office...more

Pierce Atwood LLP

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

Pierce Atwood LLP on

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

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