THE FEDERAL APPELLATE COURTS The U.S. Court of Appeals On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of Kumeyaay Nation, et al. v. Wolf. The majority held the requirement for such relief…
Articles Posted in Environmental
The “Climate 21 Project” Prepared for the New Administration
This is a brief review of the recently released “Climate 21 Project” policy memo. It is the work of many former members of the Obama Administration who are deeply concerned about climate change and what steps the new administration can take in the first 100 days to confront a problem.…
A Court-Side Seat: An OSHA PSM Case, State Litigation Unmoved, New EPA Funding and Special Safety Standards for New Passenger Rail
This roundup of recent environmental and regulatory law rulings and rulemakings includes an EPA deadline extended, a NEPA exclusion and PSM application upheld, and an unsuccessful appeal to the federal officer removal doctrine. THE FEDERAL COURTS State of Rhode Island v. Shell Oil Products, et al. On October 29, 2020,…
OIRA Best Practices for Administrative Enforcement and Adjudicative Actions
On March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the components of an appropriate inspection procedure. Briefly, the rules require that, after the inspector’s credential…
Join Us 11.12 for an Energy Transition Virtual Fireside Chat with Paul Browning
Pillsbury partner and Global Co-Head of the Energy & Infrastructure Projects team, Mona Dajani, talks #ChangeInPower with Paul Browning, President and CEO of Mitsubishi Power Americas. Join us on November 12, 2020, for a 45-minute conversation, where Mona and Paul discuss the power sector’s role in the energy transition, the…
A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around
Our latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay. THE FEDERAL COURTS A Wolf Among the Butterflies On October 13, 2020, the U.S. Court of Appeals for the District of Columbia Circuit decided…
A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu
In this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more. THE U.S. SUPREME COURT Change Must Come from Within … Maryland? As the new term begins, the Court has agreed to review BP PLC v. Mayor and…
No Vacatur, No Protection, No Deference and No Discretion: Important End-of-Summer Environmental Decisions
As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) On August 31, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion revising the…
A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL In re Flint Water Cases Several local and State of Michigan officials, including the former governor, requested dismissal from the civil litigation seeking damages for the massive failure of Flint,…
A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking
Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court denied a motion to lift the stay entered by the Court a…