Court prevents the EPA from delaying rules for boilers and incinerators *

USA - January 13 2012
On January 9, 2011, the District Court for the District of Columbia vacated the EPA’s May 18, 2011 “Delay Notice” that stayed effectiveness of a rule limiting emissions from industrial, commercial, and institutional boilers and another rule limiting emissions from commercial and industrial solid waste incinerators. 

Co-authors: Jeffrey D. Stemerick.

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AEP v. Connecticut *

USA - July 11 2011
In a unanimous decision issued on June 20, 2011, the U.S. Supreme Court held that federal legislation within the Clean Air Act displaces federal common law claims brought by eight states and New York City in a lawsuit against five major utility power companies.

Co-authors: Kira Johnson.

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Clean Air Act citizens' suits: collateral estoppel bars claims when citizens do not intervene *

USA - June 3 2011
The Tenth Circuit Court of Appeals affirmed a district court order dismissing all Clean Air Act citizen suit claims of the Sierra Club on grounds of collateral estoppel, even though the Sierra Club was not a party to the prior administrative proceedings.

Co-authors: Kim K. Burke.

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E-discovery’s new frontier: Metadata *

USA - April 12 2011
In a recent federal opinion, National Day Laborer Organizing Network v. Immigration & Customs Enforcement Agency, 2011 WL 381625 (S.D.N.Y. 2011), Judge Shira Scheindlin provided guidelines for production of electronically stored information (“ESI”) that may have substantial implications for the future of e-discovery.

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Salmonella – ten things farmers should do now *

USA - September 2 2010
The recent publicity and recalls of eggs create potentially catastrophic implications for egg producers, both large and small.

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