Environmental Law Advisor
244 total results. Page 10 of 10.
J. Maxwell Heckendorn, Ashley L. Thompson, J. Michael Showalter
In a key decision earlier this month with potentially hefty ongoing implications for developers and property owners, the U.S. Court of Appeals for the Third Circuit held a chemical company liable for nearly $1 million in pre-acquisition cleanup costs.
Malerie Ma Roddy, Alex Garel-Frantzen
Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment.
Ashley L. Thompson
Last Thursday, the South Carolina District Court reinstated the Obama-era definition of “waters of the United States” (WOTUS) in roughly half the country, furthering the ambiguity in the never-ending saga over how to define WOTUS under the Clean Water Act.
Jane E. Montgomery
The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP).
J. Michael Showalter
Administrative deference is a fundamental tenet of environmental law. A recent decision in Los Angeles Waterkeeper v. Pruitt, however, provides an important reminder that agency deference is bound by the four corners of the underlying statute.
Sarah A. W. Fitts
The Trump Administration rolled out its anticipated rules on fuel efficiency and emissions standards for model years 2021-2026 last week.
Daniel J. Deeb
Last week, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit unanimously rejected challenges by environmental and industry groups to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) cooling water intake structure permit rule (Rule)
Robert A.H. Middleton
The Clean Water Act (CWA) term “waters of the United States” (WOTUS) has become an evolving term with an often squishy definition leading to considerable litigation.
J. Michael Showalter
As citizen scientists and environmental non-governmental organizations (NGOs) have stepped up to fill what they have called an enforcement gap since President Trump took office, the NGO playbook has become more complex and creative than perhaps ever before.
J. Michael Showalter
Since the early days of the Trump Administration, our blog has regularly covered the Administration’s various attempts at regulatory reform.
Bina Joshi
Administrative deference – in essence, that courts resolve close questions in favor of “expert” agencies – is a cornerstone of environmental practice and we’ve blogged frequently on this issue. Courts question agencies, however, when their decisions do not square with cited evidence.
Amy Antoniolli, Jane E. Montgomery
Streamlining environmental reviews and permitting for infrastructure projects is a major objective of President Trump.
Amy Antoniolli
The Trump Administration continues to prioritize guidance-driven revisions to federal regulatory programs to reduce the impact of administrative review and permitting on development.
J. Michael Showalter
This week, the Fourth Circuit issued a decision in Upstate Forever v. Kinder Morgan Energy Partners, L.P. that addresses three key issues arising in many federal Clean Water Act (CWA) cases:
Owen E. MacBride, Amy Antoniolli
On April 3, 2018, the Illinois Commerce Commission (ICC) approved, with a number of substantial modifications, the Illinois Power Agency’s (IPA) first “long term renewable resources procurement plan” under the Illinois Future Energy Jobs Act (Illinois Public Act 99-0906.
J. Michael Showalter
“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.
J. Michael Showalter
In February, presidential advisor Steve Bannon stated that a primary goal of the Trump administration was the “deconstruction of the administrative state.”
J. Michael Showalter
Earlier this week, the U.S. House of Representatives passed a bill, the Regulatory Accountability Act of 2017, that, if enacted, would eliminate judicial deference to agency regulations.
Jane E. Montgomery
The Clean Power Plan, the Obama Administration’s attempt to reduce carbon dioxide emissions from existing power plants, had its day in court on September 27. What a day it was!