Mondaq USA: Environment
Foley Hoag LLP
In an interesting, but not really difficult, decision on Tuesday, the D.C. Circuit Court of Appeals found that the National Association of Home Builders did not have standing to challenge a consent decree...
Foley Hoag LLP
Generally speaking, it's just not wise for a state simply to thumb its nose at EPA.
Smith Gambrell & Russell LLP
A Federal Appeals Court in the Ninth Circuit has unanimously ruled on April 2, that Federal Trial Courts are not required to employ a specific formula when allocating costs between private parties...
Jones Day
In granting the defendants' motion to dismiss, the court held that the plaintiffs lacked standing to sue Harvard for alleged mismanagement of its charitable assets...
Jones Day
On March 24, 2014, multiple coal companies filed suit against the Administrator of EPA in the United States District Court for the Northern District of West Virginia. Murray Energy Corp. v. McCarthy, No. 5:14-CV-39.
Jones Day
On January 3, 2014, the EPA promulgated a rule under the Resource Conservation and Recovery Act ("RCRA") conditionally excluding from the definition of "hazardous waste" hazardous CO2 streams...
Jones Day
In their letter, the CEOs explain their own commitments to climate action.
Jones Day
The investor group Ceres asked the SEC to scrutinize the alleged failure of oil companies to disclose carbon asset risk by oil companies.
Foley Hoag LLP
Earlier this week, the 9th Circuit Court of Appeals granted part of a petition challenging EPA's approval of California's SIP for ozone and PM 2.5 in the San Joaquin Valley.
Carlton Fields Jorden Burt
In a recent decision, the Ninth Circuit Court of Appeals strictly construed the "single local event" exception to federal jurisdiction under CAFA as not encompassing "events or occurrences" that are of a continuing nature.
Blank Rome LLP
In a victory for potentially responsible parties ("PRPs") at multiparty contamination sites, a federal district court in United States v. NCR Corp., No. 10-C-910 (E.D. Wis. May 15, 2015)...
Foley Hoag LLP
Unsatisfied with the pace of the administration's implementation of the Global Warming Solutions Act, the Conservation Law Foundation sued the Massachusetts Department of Environmental Protection, seeking a court order requiring MassDEP to:
McGuireWoods LLP
Though short on details on how the new system works, the announcement is good news for companies that audit for compliance with environmental regulations.
Jones Day
On April 29, 2015, California Governor Jerry Brown issued an Executive Order setting stricter greenhouse gas emissions limits for the state.
Jones Day
While the D.C. Circuit remanded a pipeline approval to the Federal Energy Regulatory Commission ("FERC") last year in Delaware Riverkeeper v. FERC for failing to consider the "cumulative environmental impacts" of new natural gas pipeline projects and expansions as required by the Natural Gas Act, FERC has not expanded the court's holding into the climate change arena.
Reed Smith
On May 19, 2015, California Governor Jerry Brown entered into a Memorandum of Understanding on Subnational Global Climate Leadership (the "MOU") with eleven other leaders from jurisdictions in North America, South America and Europe.
Foley Hoag LLP
Although it has taken a surprisingly long time, the holding in Burlington Northern which greatly lowered the standard for apportionment in Superfund cases is finally being embraced by lower courts.
Holland & Knight
Nearly five years after issuing its initial draft, the White House Council on Environmental Quality continues to revise its draft guidance on conducting greenhouse gas impact analyses under NEPA.
Foley Hoag LLP
Realizing that allowing parties in litigation with government agencies to obtain through the Act what they could not obtain in discovery made no sense, the SJC eviscerated GE.
WilmerHale
Former Obama administration Interior Secretary Ken Salazar is warning that the White House's proposed guide for assessing greenhouse gas (GHG) emissions under the National Environmental Policy Act .. assessing greenhouse gas (GHG) emissions under the National Environmental Policy Act
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Orrick
On Feb. 25, 2015, the European Commission set out its strategy to achieve a European Energy Union with a forward looking climate change policy ("Framework Strategy").
Reed Smith
A landowner sued the operator of a neighboring wastewater disposal facility on the theory that deep subsurface wastewater trespassed beneath the landowner’s property.
Foley Hoag LLP
Shareholder proposals filed during this year's proxy season reflect investors' continued concerns about the social and environmental impacts of corporate operations.
Holland & Knight
In April 2015, the Maryland General Assembly enacted SB 863 that substantially amended legislation enacted in 2012 requiring each of the 10 most populous jurisdictions in Maryland to establish an annual stormwater remediation fee and local watershed protection restoration fund.
Smith Gambrell & Russell LLP
EPA initiated an enforcement action against Elementis for its failure to send EPA a 2002 industry study showing increased risk of lung cancer to workers exposed to hexavalent chromium (Cr6).
Holland & Knight
As the debate over the future of the California Environmental Quality Act (CEQA) continues, objectively verifiable statistics about how CEQA actually functions rarely enter the discussion.
Foley Hoag LLP
Earlier this week, the 5th Circuit Court of Appeals, reversing the District Court, found that EPA has no obligation to make a so-called "necessity determination", so long as...
Duane Morris LLP
The draft regulations have received mixed reviews, with industry advocates opposing and environmental proponents praising the guidelines.
WilmerHale
The Federal Water Pollution Control Act—more commonly known as the Clean Water Act—establishes a stringent regulatory and permitting regime governing the discharge of pollutants into rivers, streams, wetlands, and other "navigable waters."
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Jeff Porter discusses the significantly stricter guidelines by the EPA regarding vapor intrusion and what builders and developers need to know to be compliant.
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