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Sackett v. EPA holds that a party receiving an EPA compliance order may bring a pre-enforcement civil action in federal district court to challenge the order.
Controversial U.S. Supreme Court decisions have undermined tribal revenue generating capacity and limited the ability of tribal governments to effectively manage natural resources.
The Court held that parts of the LA Port's Clean Truck Program were preempted by the FAAAA. The Court also articulated important limitations on the scope of that statute's preemption in a case about the unauthorized towing and sale of a car.
The Court ruled that water flowing out of a concrete channel within a river does not constitute the “discharge of a pollutant” under the Clean Water Act.
The federal statute of limitations at 28 U.S.C. § 2462 (2012) is applicable to an action seeking a civil penalty, fine, or forfeiture irrespective of which a federal agency is the plaintiff.
While Rapanos has led to considerable confusion over wetland determinations, it has surprisingly brought at least some clarity to what "adjacent" means under the Clean Air Act.
Several members of the Court have harshly criticized Auer deference for its tendency to foster agency overreaching and unfairness to regulated parties.
Does the Court’s decision in Koontz herald the demise of the administrative state, sound public policy, and indeed all of Western civilization?
While PRPs in post-Burlington Northern cases are often found to lack the requisite intent to be held liable as arrangers, recent cases represent a willingness to find the intent to dispose through creative means.
In Hollingsworth, the citizen initiative was struck down because the governor refused to defend the citizen initiative in court which gave the governor a de facto veto bypassing the will of the people.
Rule 45 of the Federal Rules of Civil Procedure was amended effective December 1, 2013.
Proving how oil shale can be developed economically and in environmentally sound manner continues to be a challenge.
Congressional efforts to reform TSCA should carefully consider the anti-TSCA adaptations of the EU’s approach to toxics regulation in REACH.
Answers and guidance are provided on questions about trade secrets arising in environmental consulting in the ESA context.
Practitioners should be aware of recent changes to the environmental due diligence process and the requirements of meeting the federal AAI rule under CERCLA.