Environmental

Recent Posts

Five Agricultural Legal Issues to Watch in 2014
Posted on 30 Jan 2014 by Todd Janzen

What will be the hot topics in ag law for 2014? Here are some predictions for the coming year: 1. Clean Air Act Targets Farmers . Congress passed the Clean Air Act in 1970 to clean up the nation’s air. The low hanging fruit of air pollution—power... Read More

Silage vs. Curtilage: More on the EPA's Flyover Controversy
Posted on 28 Jul 2012 by Todd Janzen

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The web has been abuzz the last few weeks with articles and editorials about the Environmental Protection Agency's (EPA) use of aerial flyovers to look for violations of the Clean... Read More

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments... Read More

Did Gulf surface bacteria not find Deepwater Horizon oil to be a complete diet?
Posted on 7 Aug 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various aspects of the Deepwater Horizon oil spill and its impact on the biota of the Gulf. Bioremediation has several goals. First, one uses nature to remediate contamination, saving significant sums. Second, the "food"... Read More

EPA finalizes mountaintop mining guidance for Appalachia
Posted on 6 Aug 2011 by Thomas H. Clarke, Jr.

EPA issued final guidance concerning environmental permitting regulations for mountaintop mining in Appalachia, maintaining the strengthened requirements it set out in the earlier interim guidance that was released on April 1, 2010. A summary of the... Read More

BP Alaska to Pay $25 Million Penalty for Alaskan North Slope Oil Spill
Posted on 4 May 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON – The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice and the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) have announced that BP Exploration Alaska... Read More

Deepwater Horizon Oil Spill Ruling: BP and Andarko Are Responsible Parties and Liable For Civil Penalties Under Clean Water Act
Posted on 26 Feb 2012 by Shane Dilworth

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over litigation stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico held Feb. 22 that BP PLC and Andarko Petroleum Co. are liable... Read More

BP PLC To Pay $4.5 Billion, Plead Guilty To Criminal Charges For Gulf of Mexico Oil Spill
Posted on 20 Nov 2012 by Shane Dilworth

NEW ORLEANS - (Mealey's) BP PLC announced Nov. 15 that it would plead guilty to a dozen felony charges brought by the federal government and pay $4.5 billion in penalties over its involvement in the explosion of the Deepwater Horizon oil rig and ensuing... Read More

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA
Posted on 19 Mar 2012 by Thomas H. Clarke, Jr.

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal... Read More

Marten Law PLLC Analyzes Chantell Sackett v. EPA: Scalia and Unanimous Supreme Court Uphold Pre-Enforcement Review in Wetlands Case Under Clean Water Act
Posted on 29 Mar 2012 by LexisNexis Environmental Law Community Staff

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... Read More

Marten Law: Supreme Court Preview--Ownership of Navigable Riverways and Due Process Challenge to Enforcement Orders to be Decided in 2011-12 Term
Posted on 13 Oct 2011 by Steven G Jones

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... Read More

LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.
Posted on 29 Mar 2012 by LexisNexis Community Staff

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... Read More

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action
Posted on 26 Mar 2012 by Shane Dilworth

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... Read More

Why the Chesapeake Bay Matters to Midwestern Farmers
Posted on 5 Nov 2013 by Todd Janzen

I just returned from the American Bar Association's annual fall environmental conference. This year's conference was in Baltimore, at the north end of the Chesapeake Bay. Needless to say that the environmental condition of the bay and the controversy... Read More

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district... Read More