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States Sue SEC in Ongoing Fight Over Reg BI
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
Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt certain local zoning laws which prohibit mining. Specifically, in Town of Southampton v...more
On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more
SEC Drops Probe of Exxon's Accounting Practices - "The Securities and Exchange Commission has dropped its probe into whether ExxonMobil misled investors about its knowledge of climate change and the potential effects on...more
The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more
Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more