On May 25, 2012, the Sixth Circuit rendered its decision in Sierra Club v. Korleski, No. 10-3269 (6^th Cir. May 25, 2012), holding that there is no private right of action under Section 7604 of the  Clean Air Act (“CAA”), 42 U.S.C. § 7604, to compel a state to enforce its own State Implementation Plan (“SIP”) of the national air quality standards.  In doing so, it effectively overruled its own precedent, relying on an intervening Supreme Court decision which found no similar private right of action under the Endangered Species Act (“ESA”). Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Private Right of Action, Procedure, Sixth Circuit

We don’t just write, we speak too!  I’m going to be leading a breakfast roundtable discussion on March 6 as part of ICSC’s University of Shopping Centers.  More details are here and please stop by! Read More »

Share | Email| Comments|  Topics: CERCLA, Clean Air Act, Clean Water Act, Cleanup, Leases, RCRA, Real Estate, Speaking Engagements, Superfund, Waste, Wetlands

On Monday, the United States District Court for the District of Columbia issued an opinion in Sierra Club v. Jackson, No. 11-1278 (D.C.D.C. Jan. 9, 2012), that has much to chew on with respect to judicial review of agency actions, particular those involving stays.  For those not following this long-running saga, a brief background is in order. Read More »

Share | Email| Comments|  Topics: Administrative Procedures Act, Air, Boiler MACT, Cases to Watch, CISWI, Clean Air Act, Decisions of Note, Delay Notice, EPA, Federal Procedure, Procedure, Rulemaking

On October 12, 2011, in a lengthy opinion that concludes with recognizing plaintiffs’ frustration, Judge Terrence McVerry, of the Western District of Pennsylvania, granted defendants’ motions to dismiss all claims brought by governmental plaintiffs against current and former owners of a coal-fired power plant. In United States v. EME Homer City Generation L.P., et al., the U.S. and state intervenors (Pennsylvania, New Jersey and New York) alleged that defendants violated the federal Clean Air Act (“CAA”)’s PSD (prevention of significant deterioration) and Title V requirements. The crux of plaintiffs’ arguments was that defendants failed to obtain necessary permits, and that more stringent CAA emissions standards applied to projects at the power plant’s modified units to reduce SO2 emissions. Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Decisions of Note, Permits, Statute of Limitations, Title V