Environmental

Recent Posts

Appellate Court Rejects Challenge To NPL Listing
Posted on 21 Aug 2014 by Steven M. Siros

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that... Read More

Supreme Court Must Hear “Only Enviros May Sue” Case
Posted on 7 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A 118-year-old nonprofit, non-partisan mining trade association with thousands of members has urged the Supreme Court of the United States to hear a... Read More

New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement
Posted on 24 Jul 2014 by Babst Calland

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to... Read More

California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements
Posted on 29 Jan 2012 by Thomas H. Clarke, Jr.

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement;... Read More

Gifford v. USGBC - Dismissed (But Not on the Merits)
Posted on 1 Sep 2011 by J. Wylie Donald

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand... Read More

Waters of the United States – D.C. Circuit Home Builders II Opinion
Posted on 18 Aug 2015 by Steptoe & Johnson PLLC

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop. It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior... 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

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
Posted on 28 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating... Read More

Today's Supreme Court Decision in AEP v. Connecticut
Posted on 20 Jun 2011 by Michael B Gerrard

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse... Read More

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases
Posted on 20 Jun 2011 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse... Read More

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut
Posted on 21 Jun 2011 by LexisNexis Environmental Law Community Staff

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse... Read More

Podcast: Steve Jones Discusses American Electric Power Co. v. Connecticut
Posted on 8 Aug 2011 by LexisNexis Legal Business Community Staff

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court... Read More

Jenner & Block: U.S. Court of Appeals Fifth Circuit Dismisses Climate Change Appeal in Comer v. Murphy Oil, For Lack of Quorum
Posted on 9 Jun 2010 by Gabrielle Sigel

By Gabrielle Sigel, Partner, Jenner & Block LLP “The U.S. Circuit Court of Appeals for the Fifth Circuit recently issued an order in Comer v. Murphy Oil USA , dismissing the appeal of this climate change nuisance case involving the effects... Read More

Tartaglia on Establishing Standing under SEQRA in Land Use Cases
Posted on 17 Aug 2010 by Alfred C. Tartaglia

In this Analysis, Alfred C. Tartaglia, Esq. examines Matter of Save the Pine Bush, Inc. v Common Council of the City of Albany , 2009 NY Slip Op 7667, 1 (N.Y. 2009) , focusing on the "injury in fact" and "special harm" requirements... Read More

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
Posted on 28 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims... Read More