Deidre G. Duncan

EPA Issues Final Construction General Permit
Michael F. Albers,Craig A. Bromby,Deidre G. Duncan,Kerry L. McGrath,Brooks M. Smith,Miranda R. Yost, March 9, 2012
On February 16, 2012, the Environmental Protection Agency (“EPA”) issued the Final 2012 Construction General Permit (“CGP”). The CGP was published in the Federal Register on February 29, 2012. The 2012 CGP replaces the 2008 CGP and includes new requirements to implement the...

Supreme Court Decision in PPL Montana v. Montana Provides Useful Support for Challenging Corps Jurisdictional Determinations
Craig A. Bromby,Karma B. Brown,Deidre G. Duncan,Kerry L. McGrath, March 9, 2012
On February 22, 2012, the U.S. Supreme Court issued a unanimous decision in PPL Montana LLC v. Montana, 565 U.S. --- (2012), reversing the Montana Supreme Court’s ruling that required PPL Montana, a hydroelectric dam operator, to pay rent for the use of the riverbeds covered or inundated by...

Second Circuit Denies Stay of Construction of Pipeline
Deidre G. Duncan,Robert E. Hogfoss,Catherine Derdeyn Little, March 7, 2012
On February 28, 2012, the U.S. Court of Appeals for the Second Circuit lifted an emergency temporary stay of construction activity the court had granted a week earlier on a proposed interstate pipeline and related pipeline facilities in Pennsylvania, serving the Marcellus Shale. The court initially...