Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS... Read More
The final Clean Water Rule redefining “Waters of the United States” was scheduled to go into effect August 28, 2015, [subscribers can access an enhanced version of this rule: lexis.com | Lexis Advance ]. There have been several suits challenging... Read More
After substantial time and review, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers proposed its long-anticipated rule-making establishing a new regulatory definition of the term “waters of the... Read More
On April 20, 2012, the Federal Energy Regulatory Commission ("FERC") issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates ("RECs") made pursuant to that agreement. In... Read More
As noted in prior posts, leases of property or premises may contain an arbitration clause. Although not an environmental case, the U.S. Supreme Court in Arthur Andersen LLP et al v. Carlisle et al , 2009 U.S. LEXIS 3463 (5/4/09) addressed recently the... Read More
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... Read More
When residents of a foreign country are subject to harm from alleged acts or omissions of entities that also have a presence in the U.S., one of the tools that has traditionally been used to bring a case in a U.S. Federal court is the Alien Tort Statute... Read More