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Supreme Court Casts Doubt On States' Global Warming Lawsuit

WASHINGTON, D.C. - (AP) The Supreme Court appeared deeply skeptical Tuesday about allowing states to sue electric utilities to force cuts in greenhouse gas emissions from power plants. Both conservative and liberal justices questioned whether a federal judge could deal with the complex issue of global...

BP Agrees To $25 Million Penalty For 2006 Alaska Spills

ANCHORAGE, Alaska - (AP) BP's subsidiary in Alaska will pay a $25 million civil penalty under a settlement announced Tuesday that comes five years after more than 200,000 gallons of crude oil spilled from company pipelines on the North Slope. The penalty is the largest per barrel civil penalty assessed...

BP Exploration Alaska To Pay $25 Million For North Slope Oil Spill

WASHINGTON, D.C. - 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) on May 4 announced that BP Exploration Alaska, Inc. will pay $25 million in civil penalties...

Legal Actions Against U.S., States Claim Climate Change Is A Breach Of Public Trust

By Dianne Saxe, Attorney Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide...

U.S. Supreme Court Refuses To Take Up Due Process Challenge To EPA Orders

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 6 declined review of a District of Columbia Circuit U.S. Court of Appeals ruling holding that the Environmental Protection Agency's use of unilateral administrative orders to enforce Comprehensive Environmental Response, Compensation...

Mining Company To Pay $263 Million To Settle Superfund Lawsuit

SPOKANE, Wash. - (AP) The largest mining company in Idaho's Silver Valley will pay $263.4 million plus interest to settle one of the nation's largest Superfund lawsuits one of the top 10 such settlements in history, the U.S. Environmental Protection Agency said Monday. The U.S. Department of...

High Court Reverses 2nd Circuit Ruling Allowing States' Lawsuits Over Greenhouse Gases

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 gas (GHG) emissions discharged by a number...

Lindquist & Vennum Leads 'Green Law Office' Charge In Minnesota

MINNEAPOLIS - Lindquist & Vennum PLLP has announced that through its participation in the American Bar Association-U.S. Environmental Protection Agency Law Office Climate Challenge, it has achieved highest standings awarded to law offices participating in the Climate Challenge. The firm has adopted...

California Groups Sue EPA Over Civil Rights Complaint

FRESNO, Calif. - (AP) Sixteen years ago, soon after she gave birth to her first baby, Maricela Mares-Alatorre joined residents of three small California farmworker towns who alleged they were being discriminated against by environmental regulators, because all three of the state's toxic waste dumps...

Alston & Bird LLP's Jonathan Wells On The Suprme Court's American Electric Power Ruling

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

EPA Orders DuPont To Halt Imprelis Sales

DOVER, Del. - (AP) Environmental regulators have ordered the DuPont Co. to halt sales of a new herbicide blamed in several lawsuits for damaging trees in many parts of the country. The Environmental Protection Agency issued the order Thursday, one week after DuPont informed distributors that it was voluntarily...

High Court Hears Couple's Arguments Challenging Clean Water Act Order

WASHINGTON, D.C. - (Mealey's) A couple told the U.S. Supreme Court on Jan. 9 that their inability to challenge an Environmental Protection Agency order issued under the Clean Water Act (CWA) violated their due process rights and the Administrative Procedures Act (APA) ( Chantell Sackett, et al. v...

GM, EPA Reach $23.79 Million Agreement On Superfund Cleanup Costs

NEW YORK - (Mealey's) The liquidation company for bankrupt General Motors Corp. on Jan. 30 reached a $23.79 million settlement with the U.S. Environmental Protection Agency to resolve environmental liabilities related to Superfund sites in three states ( In Re: Motors Liquidation Company f/k/a General...

High Court Says Couple Can Seek Review Of EPA's Compliance Order

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 the order was a final agency action that could be...

Steptoe & Johnson: Supreme Court Sides With Landowner In EPA Order Challenge

By Amy M. Smith On March 21, 2012, the United States Supreme Court decided Sackett v. Environmental Protection Agency , No. 10-1062 [ enhanced version available to lexis.com subscribers ]. The Court held that individuals may bring a civil action under Chapter 7 of the Administrative Procedure Act...

Keller & Heckman LLP: Washington Issues Green Chemistry Alternatives Assessment Guidance

The August, 2012 deadline for the largest companies to report on the presence of listed chemicals in children's products under Washington State's "Green Chemistry" initiative is edging closer. In the meantime, the state is leading the development of Alternatives Assessment Guidance...

EPA's Greenhouse Gas Rules Unanimously Backed By Federal Appeals Court

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

Steptoe & Johnson PLLC: Clean Air Transport Rule Thrown Out

Author: Katerina E. Milenkovski The United States Court of Appeals for the District of Columbia Circuit yesterday vacated US EPA's Cross-State Air Pollution Rule, finding that it violates federal law. The Cross-State Air Pollution Rule, commonly referred to as CSAPR or the Clean Air Transport...

Williams Mullen Alert: D.C. Circuit Rejects EPA's Latest Attempt to Curb Interstate Air Pollution

BY: SEAN M. SULLIVAN For the second time in five years, the United States Court of Appeals for the District of Columbia Circuit has thrown out EPA's scheme to prevent upwind states' emissions from interfering with their downwind neighbors' efforts to comply with the National Ambient Air...

William A. Ruskin: Climate Change Science: Trial Courts And Regulations

By William A. Ruskin Overlooked in the District of Columbia U.S. Court of Appeals decision, dated June 26, 2012, in Coalition for Responsible Regulation, Inc. v. EPA [ enhanced version available to lexis.com subscribers ], is the court's discussion of the climate change science relied upon by...

William A. Ruskin: Resurgent Mold Litigation In Sandy's Wake

By William A. Ruskin There is a significant risk that there will be a resurgence of mold claims and mold litigation in the wake of Hurricane Sandy. Sandy left behind thousands of homes and offices in New York and New Jersey with flood-soaked flooring and sheet rock and water-damaged carpeting and...

William A. Ruskin: No Unanimity As To What New ASTM E1527-13 Standard Requires

By William A. Ruskin Some environmental practitioners contend that Phase I site assessments, commonly used in real estate transactions, will now be more costly and time consuming due to the new standard. Seyfarth Shaw counsels in its Client Alert that the new standard requires that, “if the...

High Court Hears Arguments On EPA’s Ability To Regulate Greenhouse Gases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants ( Utility Air Regulatory Group v. U.S. Environmental...

Williams Mullen: Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. | With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the...

Duane Morris LLP: U.S. District Court Preliminarily Enjoins EPA and ACOE ‘Waters of the United States’ Final Rule

On August 27, 2015, a federal district judge in North Dakota preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water Rule: Definition of Waters of the United States," which was set to take effect on...