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Appellate Courts Permits

Mitchell, Williams, Selig, Gates & Woodyard,...

Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense

The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Liquid Natural Gas Plant/Clean Air Act: Fifth Circuit Court of Appeals Addresses Challenge to Texas Commission on Environmental...

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more

McGuireWoods LLP

Virginia Appeals Court Provides Guidance for Gas Companies on Pipeline Zoning Exemptions

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On July 1, 2025, the Court of Appeals of Virginia ruled that a natural gas company’s proposed pipeline project was exempt from a requirement to obtain a special exception under the local zoning ordinance. The court’s ruling...more

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

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Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy System/Tree Removal: Massachusetts Appellate Court Addresses Zoning Issue

Co-Author Andrew Kutchka The Appeals Court of Massachusetts (“Court”) addressed in a July 9th Opinion an issue arising out of the siting of a governmental solar energy system. See Sunpin Energy Servs., LLC v. Zoning Bd. of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal-Fired Power Plant/Mine/Common Control: Federal Appellate Court Addresses Challenge to Title V Permit Renewal

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 31st Opinion a challenge to the renewal of a Title V Clean Air Act operating permit for a coal-fired electric generating...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

Foley & Lardner LLP

Federal Appeals Courts Lift Stay Orders Previously Granted Against Electricity Industry Law

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As expected, federal appeals courts have ruled to lift the previously granted stay orders against the new amendments to the Electricity Industry Law, claiming that permit holders and applicants have yet to be affected to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sand and Gravel Mine Expansion/Zoning Law: New York Appellate Court Addresses Preemption Issue

The New York Court of Appeals (“Court”) in a May 27th Decision addressed issues associated with the application of a Town’s zoning law to the expansion of a sand and gravel mine. See In the Matter of Town of Southampton, et...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permit/Clean Water Act: Federal Appellate Court Addresses Anti-Backsliding Issue

The United States Court of Appeals for the 10th Circuit (“10th Circuit”) in an April 29th Opinion addressed a challenge to effluent limits placed in a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Surface Mining Control and Reclamation Act: Federal Appellate Court Addresses Whether Clean Water Act Permit Shield Provides...

The United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) addressed in a March 30th Opinion the scope of the federal Clean Water Act Permit Shield. See Southern Appalachian Mountain Stewards, et al. v. Red...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Major Source Determination/Clean Air Act: Federal Appellate Addresses Whether State Agency's Interpretation Entitled to Deference

The United States Court of Appeals, Eight Circuit (“Eight Circuit”) addressed in a November 22nd Opinion whether a lignite coal mine obtained the correct Clean air Act (“CAA”) permit. See Voigt v. Coyote Creek Mining Company,...more

Sheppard Mullin Richter & Hampton LLP

Build Me A Building As Fast As You Can

Not your average game of patty-cake! Earlier this week, New York’s First Department, Appellate Division issued its decision related to 200 Amsterdam, overturning the lower court’s decision which would have required 200...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

THE FEDERAL APPELLATE COURTS - The U.S. Court of Appeals - On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of...more

Foley Hoag LLP - Cannabis and the Law

What is Happening with New Jersey’s 2019 Medical Cannabis Licensing Round?

New Jersey is an emerging cannabis marketplace with a litigation problem. Litigation is not uncommon for competitive application rounds, and unfortunately, New Jersey’s 2019 request for applications (the “2019 RFA”) for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Air Permit for SoLoNOx Turbine

The United States Court of Appeals, Fifth Circuit (“Court”) in a June 3rd opinion vacated an air permit the Massachusetts Department of Environmental Protection (“DEP”) issued to Algonquin Gas Transmission (“Algonquin”). See...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Federal Appellate Court Addresses Challenge Based on Alleged Invalidity of Preconstruction Permit

The United States Court of Appeals, Fifth Circuit (“Court”) addressed in a May 29th decision a challenge to a Clean Air Act (“Act”) Title V Permit issued to an ExxonMobil Baytown, Texas Olefin plant (“Plant”). See...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019 #2

Supreme Court Showdown Set Over Pipeline Crossing of Appalachian Trail - "Led by Dominion and Duke Energy, the company contends that 'long-standing precedent' allows pipelines to cross the 2,000-mile national scenic...more

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