Marten Law: Republican Lawmakers Join Obama Administration in Urging Supreme Court to Overrule GHG Nuisance Case

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

Marten Law On Strange Bedfellows: Administration, GOP Congressmen Urge High Court To Overrule Greenhouse Gas Ruling

By Steven Jones, Partner, Marten Law PLLC "Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate ruling...

Marten Law on Sackett v. EPA: Supreme Court to Hear Challenge to Clean Water Act Bar on Pre-Enforcement Review

By Russell Prugh, Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses the U.S. Supreme Court's decision to grant certiorari in Sackett v. EPA, a Ninth Circuit decision barring defendants from obtaining pre-enforcement review of EPA administrative...

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 , addressing the interstate transport of...

Environmental Protection Agency Publishes Interstate Air Pollution Rule for Power Plants

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 , addressing the interstate transport of sulfur...

Marten Law on AES Corp. v. Steadfast Insurance Co. – Virginia Supreme Court Holds That Climate Change Allegations Do Not Trigger Insurer's Duty to Defend

By Steven Jones, Partner, Marten Law PLLC "In a case being closely watched by both insurers and insureds, the Virginia Supreme Court has held that an insurer's duty to defend is not triggered by allegations of damages flowing from intentional actions that the plaintiffs claim resulted in...

Marten Law: Supreme Court Preview--Ownership of Navigable Riverways and Due Process Challenge to Enforcement Orders to be Decided in 2011-12 Term

By Steven Jones, Partner, Marten Law PLLC "The U.S. Supreme Court's new term has just begun. There are two environmental cases on the Court's docket," reports Steve Jones. "The first, PPL Montana, LLC v. State of Montana , presents the question of who owns the beds and banks...

Marten Law Launches San Francisco Office

Former Orrick Environmental Partner to Anchor Firm's Expansion to California Robert Lawrence , former chair of Orrick's environmental transactions group, will anchor Marten Law's new San Francisco office - making it one of the largest environmental and energy law firms on the West...

Cap-and Trade War Coming Our Way

By Robert F. Lawrence, Partner, and Dustin Till, Associate, Marten Law Cap and trade is a market-based framework under which aggregate emissions are capped and regulated businesses must obtain (through government allocations, auctions, or secondary trades) an allowance for each ton of greenhouse...

Marten Law: Climate Change Ushers in New Era of Uncertainty for Water Resource Management

By Douglas MacDougal and Dustin Till, Marten Law PLLC Excerpt: Scientists are seeing more climate change impacts on water availability-particularly in those areas dependent upon glacial and snow meltwater for agriculture. As water becomes available at different times of the year (or grows more scarce...

Marten Law: Previewing Legal Challenges to Cap-and-Trade

By Robert F. Lawrence, Dustin Till and Svend Brandt-Erichsen, Matren Law PLLC Excerpt: California's greenhouse gas (GHG) cap-and-trade program is due to be finalized within a few weeks, over widespread opposition and concern about its effects on California's economy. Looking forward, California...

Marten Law: Ninth Circuit Finds Fish & Wildlife Failed to Adequately Account for Climate Impacts, and Keeps Yellowstone Grizzlies on ESA List

By Jessica K. Ferrell, Partner, Marten Law PLLC "The Ninth Circuit Court of Appeals recently affirmed a Montana district court ruling that blocked the U.S. Fish & Wildlife Service (the "Service") from removing Yellowstone grizzly bears from the Endangered Species Act's (ESA...

Marten Law on Sackett v. EPA: Closely Watched Sackett Case Argued in U.S. Supreme Court

By Russell Prugh and Adam Orford, Associates, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh and Adam Orford of Marten Law PLLC review the oral arguments made before the U.S. Supreme Court on January 9, 2012 in Sackett v. EPA . This case, which involves "pre-enforcement review...

Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

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"...

Marten Law on PPL Montana, LLC v. State of Montana: Supreme Court Reverses Montana High Court in Rent for Riverbeds Case

By Russell Prugh, Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses the U.S. Supreme Court's reversal of a decision by the Montana Supreme Court that required a hydroelectric dam operator to pay the State of Montana back rent for the use of...

Marten Law: Climate Change Lawsuits Get Chilly Reception

By Dustin Till, Associate, Marten Law Group PLLC "The U.S. District Court for the District of Columbia recently dealt another blow to advocacy groups attempting to compel federal action on climate change via common law causes of actions. In Alec L. v. Jackson, 2012 U.S. Dist. LEXIS 75791 (D...

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance

By Jeff Kray, Partner, Marten Law Group PLLC In this Emerging Issues Analysis, Jeff Kray of Marten Law PLLC analyzes two decisions in National Mining Ass'n v. Jackson which, taken together, determine that EPA's mountain-top mining Guidance is invalid on both procedural and substantive grounds...

Marten Law: Proposed Rule Would Limit Extent of Economic Impacts Considered in ESA Critical Habitat Designations

By Jessica K. Ferrell, Partner, Marten Law PLLC Excerpt from the Commentary: In this Emerging Issues Analysis, Jessica Ferrell of Marten Law PLLC discusses a proposed rule that would require the U.S. Fish and Wildlife Service and NOAA Fisheries to publish a draft economic analysis for public...

Marten Law: Energy Policy in the Second Obama Administration

By Adam D. Orford, Dustin Till, and Daniel Timmons, Attorneys, Marten Law PLLC Excerpt from the Commentary: The current boom in oil and gas production will be one of the forces driving President Obama's energy policy in his second administration. In this article, three attorneys from...

Marten Law on LA County Flood Control Dist. v. Natural Resources Defense Council

By Russell Prugh , Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses LA County Flood Control Dist. v. NRDC in which the U.S. Supreme Court considered the scope of what constitutes a "discharge" under the Clean Water Act and held that...

Marten Law: California Issues Draft Hydraulic Fracturing Rule--Alaska and South Dakota Also Announce New Regulations

By Daniel K. Kolta , Associate, Marten Law PLLC In the absence of comprehensive federal regulations governing hydraulic fracturing, several states have begun to adopt their own rules. In this Emerging Issues Analysis, Daniel Kolta of Marten Law PLLC discusses draft rules released by California in...

Marten Law: California Issues Draft Hydraulic Fracturing Rule--Alaska and South Dakota Also Announce New Regulations

By Daniel K. Kolta , Associate, Marten Law PLLC In the absence of comprehensive federal regulations governing hydraulic fracturing, several states have begun to adopt their own rules. In this Emerging Issues Analysis, Daniel Kolta of Marten Law PLLC discusses draft rules released by California in...

Marten Law: Tax Legislation Sets Up Race to "Begin Construction" of Renewables Facilities by Year-End

By Richard Allan , Partner, Marten Law PLLC As part of the American Taxpayer Relief Act of 2012, Congress extended eligibility for tax credits for renewable energy projects through the end of 2013, provided developers "begin construction" before the end of the year. Because the Act gives...