On March 5, the U.S. Court of Appeals for the Tenth Circuit issued a ruling that the general federal five-year statute of limitations which is applicable to the enforcement of any civil fines, penalties or forfeitures (28 U.S.C. § 2462) does not apply to a series of discrete misappropriations that occurred over many…
On February 26, the U.S. District Court for the District of Columbia dismissed, for lack of jurisdiction, a challenge to the President’s Executive Order 13771, and two guidance documents issued by the Office of Management and Budget (OMB) that instruct the affected federal agencies on how to administer EO 13771.…
On February 27, the U.S. District Court for the Northern District of California rejected motions filed by the cities of Oakland and San Francisco to remand two global warming public nuisance lawsuits filed by the cities in state court against several large energy companies (BP P.L.C., Chevron Corporation, ConocoPhillips Company,…
On February 27, the U.S. District Court for the Middle District of Louisiana granted a motion for a preliminary injunction filed by a group of environmental plaintiffs seeking to halt the construction of an oil pipeline in the Atchafalaya Basin in Louisiana, which has received Clean Water Act (CWA) permits from the…
On March 2, the U.S. Court of Appeals decided the case of Bethpage Water Dist. v. Northrop Grumman Corp., and affirmed the lower court’s dismissal on New York statute of limitations grounds, the Bethpage Water District’s (BWD) lawsuit seeking damages from Northrop Grumman Corporation (Northrop) for alleged volatile organic compounds (VOC) contamination of…
Today the U.S. Court of Appeals for the Ninth Circuit issued its opinion in In re United States of America. As summarized by the Ninth Circuit, “twenty one young plaintiffs” filed a complaint in the Portland, OR federal district court alleging that the defendant Executive Branch officials have known for many years…
Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments: 1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will submit to the Office of Management and Budget (OMB) an information collection request regarding the operation of four…
Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation, airports, passenger rail, ports and waterways, flood control, water supply, hydropower, water resources drinking water and waste water facilities, storm water facilities, and surprisingly, Brownfield…
On February 14, the U.S. Court of Appeals for the Fifth Circuit filed an unpublished opinion in the case of U.S. v. CITGO Petroleum Corporation, upholding the ruling of the U.S. District Court for the Western District of Louisiana that CITGO should be assessed a penalty of $81M for the massive spillage of…
On February 12, the Appellate Division of the Superior Court of New Jersey issued its ruling in the case of the New Jersey Department of Environmental Protection v. Exxon Mobil Corporation. The appeals court affirmed the August 2015 ruling of the trial court which approved a broad settlement the parties…