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Conveyance of polluted water within river involves no 'discharge' under Clean Water Act
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- January 10 2013
The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for
Supreme Court holds EPA compliance order asserting Clean Water Act jurisdiction is subject to judicial review
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- March 28 2012
Private property owners are entitled to immediate judicial review of Environmental Protection Agency compliance orders that seek to regulate their property under the federal Clean Water Act ("CWA"), the Supreme Court unanimously held last week
Court clarifies mitigation requirements for impacts to historical resources, reaffirms use of existing conditions as analytical baseline
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- September 27 2011
The Court of Appeal for the Fifth Appellate District of California held this month that the Environmental Impact Report for the Tesoro Viejo mixed use development project in southeastern Madera County failed to comply with the California Environmental Quality Act
9th Circuit upholds critical habitat designation for Mexican spotted owl
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- June 22 2010
The Ninth Circuit Court of Appeals this month decided two key issues related to the designation of critical habitat for species protected under the Endangered Species Act ("ESA"): (1) what constitutes an "occupied" area for purposes of designating critical habitat; and (2) the proper approach to analyzing the economic impacts of a critical habitat designation
Federal courts take divergent views of common law claims on climate change
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- December 8 2009
In two sharply diverging opinions, the Fifth Circuit Court of Appeals and a northern California district court recently considered the validity of common law tort claims against large emitters of greenhouse gases
2nd Circuit allows public nuisance suit against greenhouse gas emitters
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- September 29 2009
States and private plaintiffs may sue utility operators under the federal common law of nuisance to abate carbon dioxide ("CO2") emissions that contribute to global warming, the Second Circuit Court of Appeals held this month
Court of Appeal limits 'text' requirement for local referendum petitions
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- August 14 2009
A referendum petition challenging the approval of a development plan need not include the text of the plan itself, if the plan was neither attached to the ordinance approving the plan nor explicitly incorporated by reference, the First District Court of Appeal has held
EPA may use cost-benefit analysis in setting "best technology available" standards under Clean Water Act
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
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- April 6 2009
On April 1st, the Supreme Court held that the federal Clean Water Act (the “Act”) allows the Environmental Protection Agency (the “EPA”) to use cost-benefit analysis in setting the performance standards that power plants must meet to reduce the impact of cooling water intakes on aquatic organisms
Army Corps properly limited scope of NEPA review of Section 404 permits to impacts of filling jurisdictional waters
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- March 10 2009
The Fourth Circuit Court of Appeals recently reversed a District Court decision and upheld a decision by the Army Corps of Engineers (the "Corps") to prepare Environmental Assessments and mitigated FONSIs under the National Environmental Policy Act ("NEPA") for four Clean Water Act section 404 permits issued for mountaintop removal coal mining projects in West Virginia
Current Search
- Jurisdiction - USA
- Workarea - Environment
- Workarea - Litigation
- Firm Name - Sheppard Mullin Richter & Hampton LLP
- Author - James Rusk