This is Part VII of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: B. Texas State Court of Appeals On June 1, 2015, the Court of Appeals for the Seventh District sitting in Amarillo issued a ruling reversing the grant…
Anyone having a business relationship with the U.S. Government who believes the Government or one of its representatives has acted, or failed to act in such a manner as to cause harm, should be aware of the restrictions placed on governmental liability by the Federal Tort Claims Act, especially the…
This is Part VI of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: M. U.S. Court of Federal Claims Wetlands mitigation banking agreements are subject to the rules of the U.S. Army Corps of Engineers; they can serve a useful…
This is Part V of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: K. Tenth Circuit 1. Court of Appeals In an important decision released on May 29, 2015, the U.S. Court of Appeals for the Tenth Circuit rejected the…
State legislation imposing economic conditions that may have an extraterritorial impact outside the state is not, for that reason alone, invalid under the Commerce Clause. Unless the state legislation somehow discriminates in favor of in-state commerce or imposes a significant burden on interstate commerce, it will not be held invalid…
This is Part IV of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: J. Ninth Circuit In the case of Association of Irritated Residents v. EPA, et al., decided June 23, 2015, the U.S. Court of Appeals for the Ninth…
This is Part III of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: G. Sixth Circuit Court of Appeals On June 2, 2015, the U.S. Court of Appeals for the Sixth Circuit decided the case of Adkisson v. Jacobs Engineering…
In EME Homer City Generation, L.P., v. EPA, 696 F.3d 7 (2012), the U.S. Court of Appeals for the District of Columbia Circuit, in a 2 to 1 decision, vacated the 2011 Cross-State Air Pollution Rule (aka the Transport Rule). The U.S. Supreme Court, on April 29, 2014, reversed the DC…
This is Part II of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: E. Fourth Circuit 1. Court of Appeals On July 1, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case of…
This is Part I of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: I. FEDERAL COURTS A. Supreme Court The U.S. Supreme Court, on June 29, 2015, in a 5 to 4 ruling, held in Michigan v. EPA, that…