No more opting out of rule for renovation of buildings containing lead paint *

USA - July 17 2012
On June 22, 2012, the US Court of Appeals for the DC Circuit upheld the US Environmental Protection Agency’s (EPA) removal of the opt-out provision for work that disturbs lead-based paint in pre-1978 housing.

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Sackett v. EPA: property owners may challenge EPA orders *

USA - April 2 2012
The United States Supreme Court has unanimously ruled that Environmental Protection Agency (EPA) administrative orders under the Clean Water Act are subject to pre-enforcement judicial review.

Co-authors: Jeffrey R. Porter.

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Henry Gifford’s lawsuit against U.S. Green Building Council dismissed *

USA - January 23 2012
A New York federal judge has held that Henry Gifford and three other design professionals cannot sue the U.S. Green Building Council (USGBC) for false advertising under the federal Lanham Act in connection with the USGBC’s Leadership in Energy and Environmental Design (LEED) ratings system for buildings.

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Sackett v. EPA: United States Supreme Court critical of EPA *

USA - January 12 2012
On January 9, the United States Supreme Court heard oral arguments in Sackett v. EPA, a challenge by homeowners to EPA’s issuance of an enforcement order under the Clean Water Act (CWA).

Co-authors: Jeffrey R. Porter.

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Sackett v. EPA: does the Constitution mandate the ability to challenge an EPA order pre-enforcement? *

USA - January 4 2012
The United States Supreme Court may soon decide a question of due process under the Clean Water Act (CWA) which has broader implications for the way EPA enforces the nation’s environmental laws.

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