An earlier case, decided by the U.S. Court of Appeals for the Sixth Circuit on June 3, 2016, is noteworthy because it resulted in an opinion affirming the government’s use of the criminal restitution laws to require a...more
The state and federal appellate courts have issued a surprising number of significant rulings in a variety of environmental and administrative law controversies in late July and early August:
- On August 8, the U.S....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
On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more
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
Recently the U.S. Court of Appeals for the Fifth Circuit issued an important decision regarding the Clean Air Act (CAA) and the interactions between EPA and the states. On July 15, Fifth Circuit, in a unanimous ruling,...more
Bi-partisan legislation has been introduced in the House of Representatives (H.R. 5685), known as the “Farm Regulatory Certainty Act,” a bill that would amend Resource Conservation and Recovery Act’s (RCRA) definition of...more
Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more
This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016.
U.S. SUPREME COURT -
FERC Final Rule re...more
5/18/2016
/ CERCLA ,
Citizen Suits ,
Clean Air Act ,
Electricity ,
Endangered Species ,
Environmental Protection Agency (EPA) ,
FERC ,
FERC v Electric Power Supply Association ,
Food and Drug Administration (FDA) ,
Hawkes Co v United States Army Corps of Engineers ,
Hazardous Waste ,
Mining ,
RCRA ,
Statute of Limitations ,
Sturgeon v Frost ,
Tobacco ,
Utilities Sector
After years of relative easing in its interpretation of the Resource Conservation and Recovery Act rules that govern industrial recycling, the Environmental Protection Agency is now taking a harder line. A recently issued...more
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...more
The President’s proposal includes several recommendations for promoting ecological conservation as a tool for sequestering atmospheric carbon while simultaneously providing natural buffers against more intense and frequent...more
On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more
On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more