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
- Internal Investigation
- Evidence
- 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
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Divisibility
- Apportionment
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Tribal Lands
- New Mexico
- Federal Tort Claims Act
- Gold King Mine
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- 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
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Energy
- Electric
- Fifth Circuit
- Indemnification
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Inspection
- Residential
- New York
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- Natural Gas Act
- HAPs
- Hazardous Air Pollutants
- Mercury
- D.C. Circuit
- Condemnation
- Takings
- Natural Gas
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Spill Act
- Causation
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- California
- Act 13
- Zoning
- Insurance Coverage
- Duty to Defend
- Eminent Domain
- Landfill
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Diligent Prosecution
- Subject Matter Jurisdiction
- Citizen Suit
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Equal-Footing Doctrine
- Montana
- Navigability
- Riverbed
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Rulemaking
- CISWI
- Enforcement
- Equity
- Laches
- Delay Notice
- Consent Decree
- EPA
- Boiler MACT
- Contribution
- Declaratory Relief
- Second Circuit
- NPDES
- Procedure
- Standing
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Dukes
- Louisiana
- CLE
- Work Product
- Decisions of Note
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Defense Costs
- Insurance
- CERCLA
- Cost Recovery
- Real Estate
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Army Corps
- Donovan
- Rapanos
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Farming
- Hog Barn
- ISRA
- Informal Agency Action
- Administrative Hearing
- New Jersey
- Railroad
- RCRA
- Waste
- Air
- Cancer
- Combustion
- Emissions
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Permits
- Statute of Limitations
- Title V
- Clean Air Act
- Supreme Court
- Cleanup
- Superfund
- Tolling
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Enforcement Action
- Wetlands
- Drilling
- Exploration
- Leases
- Oil and Gas
- Royalties
Blog editor
Blog Contributors
Showing 3 posts from May 2024.
The Eleventh Circuit recently addressed the standing requirements for a procedural-rights claim, in this case one arising from an agency’s alleged failure to comply with the National Environmental Policy Act (“NEPA”). In a split 2-1 decision in Center for a Sustainable Coast v. U.S. Army Corps of Engineers, the court held that standing to challenge an agency’s alleged violation of NEPA does not require a showing that a procedural do-over would necessarily redress a substantive injury. No. 22-11079, 2024 WL 1918733 (11th Cir. May 2, 2024). Read More »
Cost-recovery and contribution lawsuits under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can sometimes drag on for several years, or longer, because of the multitude of potentially responsible parties (PRPs), the often-separate liability and allocation phases, and appeals of rulings decided at each phase, among other complications. The recent decision in Georgia-Pacific Consumer Products LP et al. v. NCR Corp., 1:11-cv-483 (W.D. Mich.), highlights the winding and prolonged paths that some of these cases can take. Read More »
On April 12, 2024, the United States Supreme Court unanimously decided Sheetz v. County of El Dorado, California, No. 22-1074, holding that county-level legislation that imposes conditions on the receipt of building permits, here the imposition of traffic impact fees, may amount to a taking under the Constitution’s Fifth Amendment when the conditions do not have an “essential nexus” to the government’s land use interest and a “rough proportionality” to the proposed development’s impact on that interest. The ruling overturned decisions from lower courts that had held that the Takings Clause operates to invalidate only administrative conditions imposed by local land use agencies, not legislative enactments like the traffic impact fee imposed by the County in this case. Read More »