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Jun 30, 2014

Supreme Court leaves most greenhouse gas regs in place

States and business groups challenging controversial Environmental Protection Agency regulations aimed at curbing greenhouse gas emissions won a battle, but largely lost the war, after a U.S. Supreme Court ruling left the agency’s regulatory scheme largely intact. “The court’s holding confirms that the EPA can use the Clean Air Act to regulate greenhouse gas emissions […]

U.S. Supreme Court
Jun 16, 2014

Effect of Supreme Court’s CERCLA ruling uncertain

WASHINGTON — The U.S. Supreme Court recently held that preemption language in the Comprehensive Environmental Response, Compensation and Liability Act aimed at overriding state statutes of limitation does not extend to statutes of repose. But attorneys say that while the ruling in CTS Corp. v. Waldburger, No. 13-339, against a community of North Carolina homeowners […]

Apr 25, 2014

Supreme Court ponders if state law nixes homeowners’ toxic tort claim

WASHINGTON — The ability of a group of North Carolina homeowners to bring a lawsuit over latent contamination in their well water will come down to the U.S. Supreme Court’s answer to a single, if technical, question: Is there a functional difference between a statute of limitations and a statute of repose? The issue in […]

Feb 26, 2014

Greenhouse gas regulations could go up in smoke at Supreme Court

WASHINGTON — The Obama administration is urging the justices of the U.S. Supreme Court to rule that the Environmental Protection Agency’s statutory mandate to regulate motor vehicle greenhouse gas emissions triggers a requirement that the agency also regulate emissions from stationary buildings in order to combat the “urgent” problem of climate change. “It is the […]

Dec 11, 2013

Justices air out issues in EPA pollution case

WASHINGTON — During an expanded, 90-minute argument session on Tuesday, the justices of the U.S. Supreme Court wrangled over whether the Environmental Protection Agency has the authority to impose power plant emission rules upon states that contribute to the air pollution of neighboring states. The consolidated cases of EPA v. EME Homer City Generation and […]

Dec 11, 2013

Court Upholds Local Landfill Ordinance

The 4th Circuit upholds a local ordinance that prohibits disposal of waste generated in Horry County, S.C., at any site other than a designated publicly owned landfill, rejecting appellant disposal service’s claims under the Commerce Clause and the Equal Protection Clause. The recent U.S. Supreme Court decision in United Haulers Ass’n v. Oneida-Herkimer Solid Waste […]

Dec 5, 2013

No TRO for Challenge to Bald Eagle Removal

In this action under the Bald and Golden Eagle Protection Act and other environmental laws, a Norfolk U.S. District Court denies plaintiff wildlife preservation group’s request for an injunction against defendant officials’ enforcement of a permit for removal of bald eagles’ nests in Norfolk Botanical Garden. The genesis of the present matter began in 1938, […]

Dec 3, 2013

Wetlands Have ‘Significant Nexus,’ Court Says

On remand from the 4th Circuit, the Norfolk U.S. District Court says evaluating the full administrative record, including plaintiff Precon Development Corporation’s experts’ factual findings and conclusions, defendant Army Corps of Engineers’ factual findings support its determination that the relevant wetlands have a significant nexus to the Northwest River. Earlier, the 4th Circuit in Prec[...]

Sep 27, 2013

Richmond law firm fights charges in oil spill report

Richmond’s BrownGreer PLC – a law firm that provides services to handle mass claims – is sharply disputing criticism of its work as part of the awarding of compensation to victims of the 2010 Deepwater Horizon disaster in the Gulf of Mexico. The firm came in for criticism in a report by former FBI Director […]

Sep 24, 2013

Court grants appeal in climate case with FOIA issues

A battle over disclosure of climate research documents could produce new law on the public’s right to access government records in Virginia. The Supreme Court has agreed to hear three freedom-of-information issues arising from efforts by conservatives to examine the basis of climate change studies at the University of Virginia. Circuit Judge Paul Sheridan ruled […]

Sep 20, 2013

Upcoming term could bring new high court focus on Clean Air Act

Two cases before the U.S. Supreme Court that challenge an Environmental Protection Agency rule designed to reduce the amount of power plant air pollutants that drift across state lines may be the first in a flurry of high court environmental cases that could have a major impact on federal policy and businesses. On Dec. 10, […]

Sep 19, 2013

No Stay in ‘Permit Shield’ Appeal

A Big Stone Gap U.S. District Court denies defendant coal mining company’s motion for a partial stay pending appeal of this court’s earlier decision rejecting the company’s invocation of a “permit shield” defense to this suit alleging illegal discharge of selenium in violation of the Clean Water Act. The key issue in this litigation – […]

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