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Unity yes, finality no: D.C. Circuit rejects challenge to US EPA Clean Water Act policy governing mining permits on procedural grounds

  • Squire Patton Boggs
  • -
  • USA
  • -
  • July 24 2014

On July 11, in National Mining Association v. McCarthy - a case very important to the surface coal mining industry in the Appalachians - the D.C

EPA re-gains “green light” to regulate permitting procedures

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • July 23 2014

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for

New York High Court affirms municipal fracking bans

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • July 21 2014

The New York Court of Appeals, in a landmark ruling, recently upheld bans imposed by municipalities on oil and gas production activities, including

"Enhanced Coordination Process" memo is a "procedural rule" not a "legislative rule"

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • July 18 2014

Recently, the DC Circuit decided the case of National Mining Association v. McCarthy. Reversing the lower court, the court held that an "Enhanced

Water, water everywhere

  • Pierce Atwood LLP
  • -
  • USA
  • -
  • July 18 2014

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one

"Permit shield" defense unavailable when presence of pollutant was not disclosed in permit application process

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • July 17 2014

The Fourth Circuit Court of Appeals has issued a ruling in the case of Southern Appalachian Mountain Stewards v. A & G Coal Corporation. The Court of

Environment, planning and regulatory news July 2014

  • Freshfields Bruckhaus Deringer LLP
  • -
  • European Union, France, Germany, Global, United Kingdom, USA
  • -
  • July 14 2014

Bonn was the venue for the latest round of UN talks on climate change. Delegates agreed to circulate draft elements of the new global climate treaty

New York court tosses property owners’ little NEPA challenge to New York State’s failure to complete hydraulic fracturing EIS for lack of standing

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • July 14 2014

A trial court in Albany, New York has landed another blow against high-volume hydraulic fracturing ("HVHF") in New York by tossing two lawsuits

Carbon emissions, the Supreme Court, and business opportunity

  • Greenberg Traurig LLP
  • -
  • USA
  • -
  • July 14 2014

As Michael Cooke noted in his post the following day, on June 3 EPA proposed its "Clean Power Plan" that EPA estimates would, if adopted and

Recent court decision holds that New York towns may ban hydraulic fracking, within municipal boundaries through the adoption of local zoning laws

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • July 10 2014

Last week, the New York Court of Appeals held that a town may ban oil and gas exploration and production activities, including hydraulic fracking