Only a few existing federal environmental rules have been set aside or overturned by the new Administration, and these actions were taken by the Congress in accordance with the special procedures of the Congressional Review...more
6/20/2017
/ Administrative Procedure Act ,
Buy American Act ,
CERCLA ,
Clean Power Plan ,
Congressional Review Act ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FLPMA ,
Greenhouse Gas Emissions ,
Risk Management ,
Trump Administration ,
Waters of the United States ,
Young Lawyers
The endless variety of federal regulatory programs are subject to the requirements of federal administrative law, i.e., the Administrative Procedures Act (APA). The APA is chiefly the province of the U.S. Court of Appeals for...more
On May 4, the U.S. District Court for the District of Columbia issued a “Deepwater Horizon” ruling in Center for Biological Diversity v. Zinke. The Center for Biological Diversity’s (Center) claims concerns the Department of...more
On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit, in Gulf Restoration Network, et al., v. McCarthy, vacated and remanded a decision of the United States District Court for the Eastern District of Louisiana...more
Affirming the district court, the U.S. Court of Appeals for the Ninth Circuit rejected claims that the environmental impact statement (EIS) adopted by the Tahoe Regional Planning Agency supporting the Regional Plan Update...more
“Summer’s lease hath all too short a date.”
Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
10/17/2016
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Appointments Clause ,
Boilers ,
CERCLA ,
Chevron Deference ,
Clean Air Act ,
Clean Water Act ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Federal v State Law Application ,
Federal Vacancies Reform Act ,
FERC ,
Hawkes Co v United States Army Corps of Engineers ,
Incidental Take Permits ,
Lockheed Martin ,
Navarro v Encino Motorcars ,
NEPA ,
NLRB General Counsel ,
NLRB v SW General ,
Nuclear Regulatory Commission ,
Railways ,
Renewable Energy ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
US Fish and Wildlife Service ,
Waters of the United States
Two Court of Appeals, one in the District of Columbia and the other in Texas, issued opinions regarding the federal Highway Beautification Act, 23 U.S.C. § 131 (HBA) and its state counterpart, the Texas Highway Beautification...more
The Equal Access to Justice Act (EAJA) directs a court to award fees and other expenses to prevailing party in a civil action against the United States unless the government’s position was substantially justified or special...more
In Center for Biological Diversity, et al., v. Bureau of Land Management, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) did not violate the Endangered Species Act (ESA) when its...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
8/4/2016
/ Administrative Appointments ,
Administrative Procedure Act ,
Alaska ,
Appeals ,
Article III ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Clean Water Act ,
DAPA ,
Department of Homeland Security (DHS) ,
Electric Generation Suppliers ,
Electricity Costs ,
Energy Market ,
Energy Projects ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fair Labor Standards Act (FLSA) ,
Farm Bureau ,
Federal Power Act ,
Federal Vacancies Reform Act ,
FERC ,
FERC v Electric Power Supply Association ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Hughes v Talen Energy ,
Immigration ,
Immigration Reform ,
Injury-in-Fact ,
Inland Waterways ,
Land Parcels ,
Mercury ,
Murr v Wisconsin ,
National Park Service ,
Native American Issues ,
Navarro v Encino Motorcars ,
NLRB ,
Over-Time ,
Pollution Control ,
Preemption ,
Racketeering ,
Regulatory Takings ,
RICO ,
RJR Nabisco v European Community ,
RTO ,
SCOTUS ,
Service Advisors ,
Spokeo v Robins ,
Standing ,
Sturgeon v Frost ,
Takings Clause ,
TMDL ,
Tribal Lands ,
US v Texas ,
Utilities Sector ,
Utility Rates ,
Wage and Hour ,
Waters of the United States ,
Wholesale
In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more
On July 7, the U.S. District Court for Alaska decided the case of Castle Mountain Coalition, et al., v. Office of Surface Mining Reclamation and Enforcement, alaskaholding that a mining permit issued under the Surface Mining...more
A recent decision by the U.S. Court of Appeals for the Fifth Circuit is a reminder to important federal agencies that they must take care to adhere to the requirements of the Administrative Procedure Act (APA) when they issue...more
On June 3, 2016, the U.S. Court of Appeals for the DC Circuit, in Rhea Lana, Inc., et al., v. Department of Labor, reversed the district court’s holding that a warning letter sent to the plaintiff by the Wage and Hour...more
Since the celebrated Supreme Court decision of Tennessee Valley Authority v. Hill, which for a time sidetracked the Antelopeconstruction of the Tellico Dam, the Endangered Species Act (ESA) has been recognized as a...more
Many construction projects are subject to the regulatory requirements of the Clean Water Act (CWA), including the supremedetermination whether an earth-moving operation is covered by a “dredge and fill” permits administered...more