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Adobe PDFFifth Circuit Aligns With Third and Ninth Circuits Holding That EPA Notices of Violation Are Not “Final Action”
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
In a recently issued decision, the Fifth Circuit Court of Appeals held that the recipient of a Notice of Violation (“NOV”) could not challenge the NOV in the circuit court. Luminant Generation Company, LLC v. U.S. Environmental Protection Agency (Nos. 12-60694, 13-60538). This brings...

 

Adobe PDFEPA’s Data Dilemma
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
November 1, 2014, previously published on October 8, 2014
Recently, the Government Accountability Office (GAO) reported that the EPA was relying on data that is more than two decades old to analyze economic impacts of its regulations. The GAO said it “estimated effects of its regulations on employment, in part, using a study that...was based on data...

 

Adobe PDFNinth Circuit Issues a Head-Shaker in a Clean Air Act Permitting Case Supporting EPA’s Failures
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
October 31, 2014, previously published on October 8, 2014
In an opinion likely to strike terror in the hearts of would be permit-seekers, the Ninth Circuit held in Sierra Club v. EPA, --- F.3d --- (9th Cir. 2014) (2014 WL 3906509) that the EPA cannot grandfather a permit to build a power plant, even though grandfathering was necessary only because of the...

 

Adobe PDFSupreme Court Denies Certiorari to Bell v. Cheswick Generating Station, Allowing for State Law Air Pollution Tort Claims to Co-Exist with the Clean Air Act
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
October 31, 2014, previously published on October 8, 2014
On June 2, 2014, the Supreme Court denied certiorari for a petition filed by Cheswick Generating Station (Cheswick), a coal-fired power plant in West Pennsylvania. GenOn Power Midwest, L.P. v. Bell, 134 S. Ct. 2696 (2014). Cheswick had petitioned the Supreme Court to hear its arguments after the...

 

HTMLEnvironmental Appeal Board Punishes Appellant for Bad Behaviour
Nicholas Hughes; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...

 

HTMLCalifornia Enacts Comprehensive Groundwater Management Legislation
Jolie-Anne S. Ansley, Thomas M. Berliner, Colin L. Pearce; Duane Morris LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in California. The legislation represents perhaps the most significant...

 

HTMLAn Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
October 23, 2014, previously published on September 23, 2014
The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...

 

HTMLAbove Ground Storage Tank Act
Roger G. Hanshaw; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014, previously published on April 25, 2014
On April 1, 2014, Governor Earl Ray Tomblin signed into law Senate Bill 373, the "Above Ground Storage Tank Act" adopted by the West Virginia Legislature in the 2014 regular session. The Above Ground Storage Tank Act (the "Act") contains provisions that will impact business in...

 

HTMLIt Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?
Glen C. Hansen; Abbott & Kindermann, LLP;
Legal Alert/Article
October 20, 2014, previously published on September 24, 2014
In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...

 

HTMLTwo Studies Suggest Fracking Is Safe
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
October 18, 2014, previously published on October 15, 2014
Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing.

 


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