RCRA and the Sixth Amendment: The Supreme Court holds that criminal fines go to the jury

A Supreme Court majority held that juries, not judges, must decide the amount of fines to assess a violator. Three justices in dissent ask: Does this really benefit industry?

Court vacates EPA ‘Adjacency’ determination under the Clean Air Act

EPA tried to regulate a natural gas company’s wells and sweetening plant as one aggregate facility, but the court held that such aggregation violated the Clean Air Act.

Solutia v. McWane: The Eleventh Circuit on CERCLA contribution

Superfund law allows a private party to sue others for environmental cleanup costs, but, the Eleventh Circuit held that a prior federal settlement bars such a direct claim.

Pleading standards in environmental cases following the Supreme Court’s decisions in Twombly and Iqbal

The adjusted pleading standard for stating a plausible claim in a federal court presents challenges and opportunities for the environmental lawyer.

Natural gas update: Federal developments

Environmental regulations regulate hydraulic fracking, pipeline standards, and natural gas operations on federal lands. The article surveys the new standards.

IN BRIEF

A summary of recent environmental, energy, and resources decisions at the federal, district, and appellate levels.