![{ Banner Image }](https://www.mankogold.com/i/blog-banner.png)
Subscribe for updates
Recent Posts
- Supreme Court Halts EPA’s Federal Air Quality Plan Citing Issues with Good Neighbor Provisions
- Fourth Circuit Rejects Maryland District Court’s Recognition of a Scienter Requirement for Arranger Liability under CERCLA
- District Court Dismisses Common Law Claims Based on Statute of Limitations in Paper Mill Emissions Case
- Government Plausibly Pleads Corporate Successorship in CERCLA Lawsuit, New Jersey District Court Holds
- Eleventh Circuit Holds that Plaintiff Still Has Standing to Challenge NEPA Review for Completed Project
Topics
- Evidence
- Internal Investigation
- Citizens Suit
- Georgia
- Federal Insecticide, Fungicide, and Rodenticide Act
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Vapor Intrusion
- Solvents
- National Priorities List
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Federal Tort Claims Act
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- National Forest Management Act
- FERC
- Chevron Deference
- United States Supreme Court
- Endangered Species Act
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Property Damage
- Building Materials
- First Circuit
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Electric
- Fifth Circuit
- Indemnification
- Energy
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Inspection
- Residential
- Freshwater Wetlands Protect Act
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Mercury
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Condemnation
- Takings
- Natural Gas
- Storage
- Takings Clause
- Fifth Amendment
- Flooding
- Spill Act
- Causation
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Montana
- Navigability
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- CISWI
- Enforcement
- Equity
- Laches
- Delay Notice
- EPA
- Boiler MACT
- Rulemaking
- Consent Decree
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Procedure
- Standing
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Louisiana
- Certification
- Contamination
- Dukes
- CLE
- Decisions of Note
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Negligence
- Remediation
- Response Action Contractors
- Consultant Liability
- Donovan
- Rapanos
- Army Corps
- Farming
- Hog Barn
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- New Jersey
- Informal Agency Action
- Administrative Hearing
- ISRA
- Waste
- Air
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Clean Air Act
- Permits
- Statute of Limitations
- Title V
- Cleanup
- Superfund
- Supreme Court
- Multi-District Litigation
- Statute of Repose
- Tolling
- Camp Lejeune
- Mineral Rights
- Due Process
- Enforcement Action
- Wetlands
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Exploration
- Leases
- Oil and Gas
- Royalties
- Drilling
Blog editor
Blog Contributors
Showing 2 posts from March 2016.
Last week, the 10th Circuit Court of Appeals affirmed dismissal of a Sierra Club citizen suit against a coal-fired power plant for an alleged permitting violation of the Clean Air Act, finding that the Sierra Club’s claims were time-barred. In the case, Sierra Club v. Okla. Gas & Elec. Co., No. 14-7065 (10th Cir. March 8, 2016), the court held that the Sierra Club’s claims for civil penalties were statutorily time-barred because they were brought more than five years after the power plant began its unpermitted modification of a boiler, an action which the Sierra Club claims violated the Prevention of Significant Deterioration (PSD) program under the Clean Air Act. The court also affirmed dismissal of the group’s claims for injunctive and declaratory relief because those legal claims were predicated on the same facts as the time-barred civil penalties. The court’s interpretation of the statute of limitations as applied to the PSD program is consistent with a 2011 district court decision in the 3rd Circuit, United States v. EME Homer City Generation L.P., et al., which we reported on here. Read More »
In 2014, we covered the United States Supreme Court’s decision in CTS Corp. v. Waldburger et al., 134 S. Ct. 2175 (June 9, 2014). In Waldburger, the Court overturned a decision by the Fourth Circuit, and held that while CERCLA preempts state statutes of limitations in toxic tort personal injury and property damage actions, it does not preempt state statutes of repose, like the North Carolina statute of repose at issue, from barring similar actions. Last week, in Stahle v. CTS Corp., No. 15-1001 (March 2, 2016), the Fourth Circuit addressed an even more basic question, whether the statute of repose at issue in Waldburger is even applicable in such cases. Read More »