Remove tag permitting
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Supreme Court Holds that Building Permit Fees Imposed by Legislation Are Subject to Scrutiny under Constitution’s Takings Clause

MGKF Law

Read More » Tags: Supreme Court , Takings , Takings Clause , United States Supreme Court On April 12, 2024, the United States Supreme Court unanimously decided Sheetz v. County of El Dorado, California , No.

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District Court Finds Mine Reclaimer Liable for Past CWA and SMCRA Violations

MGKF Law

Read More » Tags: Citizens Suit , Clean Water Act , Mining , NPDES , Permits , Successor Liability , West Virginia

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New Jersey Court Declines to Follow DEP Statutory Interpretation and Narrows Exemptions From Highlands Act Permitting Requirements

MGKF Law

Read More » Tags: Chevron Deference , Citizen Suit , New Jersey , Oil and Gas , Permits , Pipelines , Wetlands

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Fourth Circuit Affirms Remand of WV State Tort Claims Involving RCRA Site

MGKF Law

Rejecting federal officer removal and federal question removal theories, the Fourth Circuit affirmed the District of West Virginia’s remand of a state tort suit against the remediators of an EPA-permitted Resource Conservation and Recovery Act (“RCRA”) site. 20-1712, __ F.4 4 th __, 2022 WL 90242 (Jan.

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Supreme Court of New Jersey Holds that Permittee Should Be Named as a Party to Appeal Affecting Project

MGKF Law

Read More » Tags: Administrative Appeals , Intervention , Natural Gas , New Jersey , Oil and Gas , Permits , Pipelines , Procedure , Standing. See In re Proposed Constr. of Compressor Station (CS327), No. 086428 (Apr.

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Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

MGKF Law

Thus, air emissions that violate relevant Clean Air Act permits are nevertheless “subject to” that permit and therefore exempt from CERCLA’s reporting requirement. Read More » Tags: Air , CERCLA , Chevron Deference , Clean Air Act , Emissions , Pennsylvania , Permits , Superfund , Third Circuit.

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Commonwealth Court of Pennsylvania Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency Actions

MGKF Law

In doing so, the Court held that Section 717r(d)(1) of the federal Natural Gas Act, which provides that federal courts have exclusive jurisdiction over “civil actions” for review of an approval or denial of a permit or approval required by federal law, does not preclude state administrative agency review of state permitting decisions.