LexisNexis® Legal Newsroom
Federal Government Urges Supreme Court Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

Administration announces plans for new regulations regarding wetlands, but specifics are lacking for now

The Administration has announced that it will propose new regulations to protect wetlands and smaller streams; unfortunately, specifics are lacking at present. The Administration appears to believe that their new regulations will fit within the constraints imposed by recent U.S. Supreme Court cases on...

Rapanos Guidance III – "Waters" Revisited

Richard E. Glaze, Jr., Partner, Balch & Bingham, LLP [1] On May 2, 2011, the United States Environmental Protection Agency and the United States Army Corps of Engineers[2] issued draft joint guidance[3] for the interpretation of the phrase "waters of the United States" under the Clean...

Oral Arguments Held at Supreme Court on Judicial Review of EPA Compliance Order to Restore Wetlands

WASHINGTON, D.C. - (Mealey's) A couple told the U.S. Supreme Court on Jan. 9 that their inability to challenge an Environmental Protection Agency order issued under the Clean Water Act (CWA) violated their due process rights and the Administrative Procedures Act (APA) ( Chantell Sackett, et al. v...

Water Scarcity Challenges Headed To Supreme Court

By E. Lynn Grayson, Partner, Jenner & Block Three petitions have been filed with the U.S. Supreme Court seeking a review of a recent 11 th Circuit Court of Appeals ruling that authorized the U.S. Army Corps of Engineers to allocate additional water from Lake Lanier to meet Atlanta's growing...

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be...

LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

On this edition, Brad Marten of Marten Law in Seattle discusses the U.S. Supreme Court's decision in Sackett v. EPA . The unanimous high Court found that an Idaho couple could appeal an administrative compliance order issued by the EPA under the Clean Water Act. Mr. Marten explains the background...

Marten Law PLLC Analyzes Chantell Sackett v. EPA: Scalia and Unanimous Supreme Court Uphold Pre-Enforcement Review in Wetlands Case Under Clean Water Act

By Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC In this Emerging Issues Analysis, Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC discuss the U.S. Supreme Court's unanimous decision in Sackett v. EPA, striking down EPA's ban on "pre-enforcement review"...

Sackett v. EPA - Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP On March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental Protection Agency (EPA) before EPA initiates...

Supreme Court’s Southern Union Decision Helps Level the Playing Field for Corporations Subject to Criminal Fines

By Bruce Pasfield and Elise Paeffgen, Attorneys, Alston & Bird LLP On June 21, 2012, the Supreme Court in Southern Union Co. v. U.S., 567 U.S. __ (2012) held that the Sixth Amendment right to a jury trial requires juries not judges to decide the facts warranting a fine exceeding a statutory maximum...