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USA - June 27 2012
In two grants of certiorari this week—both over the opposition of the United States and both from the Ninth Circuit—the Supreme Court showed its continuing interest in the scope of the Clean Water Act’s permitting regimes by agreeing to decide whether rainwater runoff from forest roads requires a Section 402 permit, and whether water transfers within a municipal stormwater sewer system may constitute a prohibited “discharge.”
USA - June 12 2012
To obtain class certification in an action alleging a misrepresentation in violation of Section 10(b) of the Securities and Exchange Act, 15 U.S.C. § 78j(b), a plaintiff must show that reliance on the alleged misrepresentation is common to the class.
USA - December 7 2010
On December 6, 2010, the Supreme Court granted certiorari in American Electric Power Co. v. Connecticut, No. 10-174, to decide whether states and private parties can seek to impose emissions caps on greenhouse gases based on public nuisance claims under federal common law.
USA - February 23 2010
As new infrastructure projects begin to sprout across the United States in response to new government grants, incentives and stimulus plans, those seeking to capitalize on what President Obama calls "the largest new investment into the nation's infrastructure since Eisenhower built an interstate highway system in the 1950s" are running into legal roadblocks.
