The Energy Law Blog

SEPTEMBER 15, 2015

Fifth Circuit Court of Appeals recently issued an opinion regarding criminal liability under environmental statutes. 14-40128, 2015 U.S. 4, 2015). However, the Court of Appeals read the phrase “which also includes the forebay and other separator basins” as only modifying the term “separation tank.” Background The U.S.

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Smith Enviorment

AUGUST 1, 2018

In 2015, former Governor Pat McCrory sued the General Assembly over laws giving the legislature power to appoint a majority of three environmental commissions — the Coal Ash Management Commission, Mining Commission and Oil and Gas Commission. Supreme Court ruled in the governor’s favor. Supreme Court decision, Cooper v.

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Smith Enviorment

DECEMBER 14, 2023

Aside from the constitutional issue, legislative intervention in a permitting action sets a precedent for direct political intervention in permit decisions. A decision to issue or deny the certification must be made within 60 days if no public hearing is required or within 90 days if there is a hearing.

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Law Columbia

JANUARY 10, 2019

4th 204 (2015) (invalidating EIR because agency determination that project’s emissions were consistent with statewide emission reduction goals and therefore insignificant was not supported by a reasoned explanation based on substantial evidence); Friends of Oroville v. 4th 369 (2015) ; Ballona Wetlands Land Trust v. 4th 455 (2d.

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Law Columbia

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C.

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Law Columbia

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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CEQA Developments

OCTOBER 21, 2021

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. The Court Of Appeal’s Opinion.

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The Energy Law Blog

JANUARY 15, 2020

Below we take a closer look at each category of lawsuits and provide an update on where they stand today. The twelve-day bench trial was the first time a fossil fuel company addressed in court its understanding of climate change and the risks it poses to its business. 9-10 (emphasis in original).

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Arnold Porter

DECEMBER 7, 2021

Mazzant III of the United States District Court in the Eastern District of Texas denied a motion to dismiss the government’s first ever criminal indictment for alleged wage-fixing. The court determined that Rodgers had failed to show that a valid non-prosecution agreement existed.]] On November 29, 2021, Judge Amos L.

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PA Environment Daily

OCTOBER 19, 2023

Steingraber -- Public Health Crisis The summary conclusion of the 9th Compendium on natural gas development research is-- “The rapidly expanding body of evidence compiled here is massive, troubling and cries out for decisive action. It also offers a review of trends in research findings. So that's what this study does.

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PA Environment Daily

JANUARY 10, 2024

Click Here for a summary of 2022 shale gas and conventional violations. Winter Storm Elliot Causes Natural Gas Infrastructure Failure Natural gas infrastructure failures during Winter Storm Elliot resulted in the proposed imposition of an unprecedented $1.8 Major modifications of the permits to match the installed structure are being considered.

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Smith Enviorment

JULY 12, 2022

Supreme Court issued a decision striking down an Obama era rule regulating carbon dioxide (CO2) emissions from existing power plants. The decision in West Virginia v. The decision is important for what it did and what it didn’t do. A 2007 Supreme Court decision ( Massachusetts v.

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Arnold Porter

DECEMBER 20, 2022

The FCA publishing decision notices against Carillion and three of its former directors. In trying to predict future trends for the SFO, a bigger indicator is likely the kinds of cases the SFO is choosing to pursue currently, rather than convictions resulting from charging decisions which were made a number of years ago.

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The Energy Law Blog

MAY 26, 2023

Supreme Court decision in Sackett v. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. United States , 547 U.S.

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Law Columbia

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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Arnold Porter

AUGUST 26, 2021

The court directed the parties to file an update on the progress of their negotiations by September 3, 2021. The lawsuit is pending in the federal district court for the Northern District of California. EPA said remand would allow the Agency to revisit certain legal, policy, and scientific assumptions, approaches, and decisions.

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Arnold Porter

DECEMBER 3, 2021

Plaintiffs Asked Court to Finalize Action on Proposed TRI Listing of DINP. EPA Revised Mercury Inventory Reporting Rule in Response to 2020 Second Circuit Decision. EPA intends to complete its reconsideration of the petition denial within 90 days of the district court’s order approving the stipulation, which would be December 28.

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Arnold Porter

JUNE 2, 2021

A consent decree entered by the federal district court for the Northern District of Georgia required Home Depot U.S.A, ” The parties recommended that the court set a briefing schedule for the motion to remand, with the motion due on May 28. Litigation. Home Depot) to pay a $20.75 N:Neighbors for Envtl. 20-72091 (9th Cir.

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Legal Planet

FEBRUARY 7, 2024

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” ” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. Supreme Court strikes down a rule covers any wetland or pond used by migratory birds.

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ESA

NOVEMBER 22, 2021

Offered each year, this award gives graduate students hands-on training and science policy experience including interacting with congressional decision-makers, federal agency officials, and ecologists who work in the science and public policy arena. That decision is on appeal, though, and could be reversed. or WOTUS. “In United States.

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ESA

JUNE 14, 2021

Appeals court rules that US Fish and Wildlife Service improperly denied protections for Pacific walruses. NEPA: The Council on Environmental Quality has a three-step plan related to the National Environmental Policy Act rules, which guide federal permitting decisions and other actions. Executive Branch. International.

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ESA

JANUARY 31, 2022

Supreme Court to hear Clean Water Act case. The Biden administration announced this is it revisiting that decision in 2021. the Supreme Court granted certiorari when it will decide the appropriate definition of “waters of the United States” (WOTUS) in the Clean Water Act (CWA). In the case, the Court will hear, Sackett v.

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ESA

JUNE 1, 2021

This bill responds to an executive order from President Trump to create a “schedule F” category for federal employees, who would be easier to fire. The scientific community opposed this executive order, over concerns that this category could be used fire scientists whose results contradict the preferences of political employees.

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Environmental Progress

FEBRUARY 2, 2024

These have resulted in Supreme Court rulings in 1915 and the Comics Code Authority. There isn’t a boy or a young lad tried at our Courts of Justice whose position there is not more or less due the effect of unwholesome literature upon his mind,” opined the recorder for the City of London in 1885.’

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