The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more
7/25/2017
/ Administrative Law Judge (ALJ) ,
BNSF Railway Co v Tyrrell ,
CalPERS v ANZ Securities ,
Clean Water Act ,
Corporate Counsel ,
Environmental Protection Agency (EPA) ,
Federal Employers Liability Act ,
Federal Vacancies Reform Act ,
Kokesh v SEC ,
Murr v Wisconsin ,
NLRB ,
Popular ,
SCOTUS ,
Section 13 ,
Securities Act of 1933
On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more
6/21/2017
/ Administrative Law Judge (ALJ) ,
Appeals ,
BNSF Railway Co v Tyrrell ,
CERCLA ,
Civil Investigation Demand ,
Disgorgement ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Federal Aviation Administration (FAA) ,
Federal Employers Liability Act ,
NEPA ,
NLRB ,
NLRB v SW General ,
Oil & Gas ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
US Army Corps of Engineers
In the case of Kokesh v. SEC, decided on June 5, a unanimous U.S. Supreme Court held that the 28 U.S.C. § 2462, which apples to “any action, suit or proceeding for the enforcement of any civil fine, penalty or forfeiture,...more
Fundamental fairness requires that before a company doing business in several states is sued in a particular state that it has substantial contacts with that state. Merely being present in that state will not satisfy the...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
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
Chevron deference was an important factor in the U.S. Court of Appeals for the D.C. Circuit’s 180-page ruling, in United States Telecom Assoc. v. FCC, et al., on June 14 (Flag Day), upholding the Federal Communications...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
Twice, courts have been called upon to interpret North Carolina’s 10-year statute of repose in connection with injuries allegedly stemming from the release of hazardous substances. CTS Corporation v. Waldburger involved CTS’s...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
On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...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 recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...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