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Results: 1-10 of 72

Groundwater rights: constitutionally compensable interests

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • March 6 2012

On Feb. 24, 2012 the Supreme Court of Texas issued a watershed decision supporting the property rights of landowners to groundwater beneath their land

The Corps, not EPA, has authority to issue CWA fill permits

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • July 1 2009

In this case, environmental groups sued the Army Corps of Engineers (Corps) to stop the permitted filling of a lake in Alaska with mining waste by arguing that authority to issue CWA Section 404 permits is vested in EPA, not the Corps

Ninth Circuit applies the federal discovery rule to state statutes of repose

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • December 18 2008

On Nov. 19, 2008, the Ninth Circuit Court of Appeals held that a Superfund provision that adds a discovery rule to the deadline for filing a state damages action stemming from a hazardous substance release applies to state statutes of repose as well as state statutes of limitations

Ecuadorian courts now to decide country's $27 billion lawsuit against Chevron

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 6 2009

Chevron has lost its battle to keep a 16-year old, $27 billion lawsuit out of the Ecuadorian courts

D.C. Circuit overturns EPA mercury emissions rules

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • February 26 2008

On Feb. 8, 2008, the D.C. Circuit vacated two EPA rules that would have regulated mercury emissions by coal-fired and oil-fired power plants using performance standards and a cap and trade program

Unanimous Supreme Court rebukes EPA: property owners have a right to early judicial review of EPA enforcement orders under Clean Water Act

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • March 27 2012

In a rare 9-0 decision issued on March 21, 2012, the U.S. Supreme Court ("Court") rebuked the U.S. Environmental Protection Agency ("EPA") in an enforcement action brought under the Clean Water Act ("CWA"

US government lists polar bears as "threatened species"

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • May 23 2008

A federal judge in the Southern District of California ordered the U.S. Interior Department to decide within 16 days whether polar bears should be categorized as a threatened species because of global warming

U.S. Fifth Circuit vacates EPA's disapproval of Texas's flexible permit program

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • August 15 2012

In a split decision, a panel of the 5th U.S. Circuit Court of Appeals held on Monday that the U.S. Environmental Protection Agency's (EPA) rejection of Texas' Flexible Permit program (Program) in 2010 violated the federal Clean Air Act (CAA

No CWA penalty authorized for failure to 'timely' obtain a permit

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • January 11 2010

In Service Oil, Inc. v. United States Environmental Protection Agency, the 8th U.S. Circuit Court of Appeals held that the Clean Water Act (CWA) does not authorize administrative penalties based on the failure to obtain a stormwater discharge permit before starting construction of a new facility

DOJ asks court to create a Deepwater Horizon "government track"

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • November 3 2010

Although not yet a party to the pending litigation, the U.S. Department of Justice (DOJ) has stated that it expects to file a civil suit related to the Deepwater Horizon explosion under the Clean Water Act, the Oil Pollution Act and possibly several other statutes