Environmental

Recent Posts

West Virginia Total Maximum Daily Loads Litigation Challenging EPA
Posted on 10 Mar 2015 by Steptoe & Johnson PLLC

The Ohio Valley Environmental Coalition, Inc; Sierra Club; West Virginia Highlands Conservancy, Inc; and the West Virginia Rivers Coalition have filed a Complaint for Declaratory and Injunctive Relief against U.S. EPA, Region III. The action challenges... Read More

Tags: Total , Clean , maximum , river , water , streem , EPA

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

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

Deviation by Army Corps from operating plan, resulting in a temporary or ad hoc flowage easement, does not constitute a taking
Posted on 4 Apr 2011 by Thomas H. Clarke, Jr.

Taking cases have been reviewed in prior posts. To state that the law is convoluted, complex, and obscure is to state the obvious. In Arksansas Game & Fish Commission v. U.S., 2011 U.S. App. LEXIS 6417 (Federal Circuit: 3/30/11), the U.S. appealed... Read More