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Shell’s suit against environmental activists moves forward

Wiley Rein LLP
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USA
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January 30 2013

In February 2012, Shell Gulf Mexico, Inc., and Shell Offshore, Inc. (collectively Shell), took a rare step to protect their rights to drill in Alaska

Coalition for Responsible Regulation v. Environmental Protection Agency - Highly deferential judicial review of agency scientific determinations

Wiley Rein LLP
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USA
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July 9 2012

On June 26, 2012, the Court of Appeals for the D.C. Circuit upheld a series of United States Environmental Protection Agency rules relating to the regulation of greenhouse gases under the Clean Air Act, referred to in the Court's opinion as the Endangerment Finding, the Tailpipe Rule, and the Timing and Tailoring Rules

Sackett at the Supreme Court: a win for agency-regulated entities

Wiley Rein LLP
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USA
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June 28 2012

On March 21, 2012, the U.S. Supreme Court determined that private land owners Michael and Chantell Sackett could bring an action challenging the Environmental Protection Agency's (EPA) administrative compliance order under section 309 of the Clean Water Act (CWA

Addressing pollution exclusion in Virginia

Wiley Rein LLP
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USA
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May 9 2012

On April 20, 2012, the Supreme Court of Virginia, applying Virginia law, held that pollution exclusion endorsements in first-party property policies barred coverage for the insured's product losses caused by contamination of infant formula resulting from a manufacturing mishap

Supreme Court bolsters regulated entities' right to challenge agency enforcement actions in court

Wiley Rein LLP
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USA
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April 25 2012

The U.S. Supreme Court awarded a win to agency-regulated entities by finding they have the right to challenge some agency enforcement actions, even if not expressly allowed by statute

Virginia high court affirms no coverage for climate change suit

Wiley Rein LLP
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USA
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April 23 2012

The Supreme Court of Virginia has affirmed that global warming claims made by the village of Kivalina did not allege a covered "occurrence" within the meaning of general liability policies

Supreme Court hears oral argument on when agency enforcement action can be challenged in court

Wiley Rein LLP
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USA
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February 1 2012

On January 9, 2012, the Supreme Court heard oral arguments in Sackett v. EPA, a case that will determine whether the recipient of a federal agency’s compliance order can challenge that order in court

First criminal charges brought against e-waste exporter

Wiley Rein LLP
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USA
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October 19 2011

On September 15, 2011, Colorado electronic waste recycler Executive Recycling was indicted in the United States District Court for the District of Colorado

Supreme Court of Virginia holds that CGL policy does not cover climate change suit

Wiley Rein LLP
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USA
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September 16 2011

The Supreme Court of Virginia has ruled that an underlying lawsuit filed against an energy company policyholder alleging losses caused by the policyholder's contributions to global climate change are not potentially covered by a CGL policy, precluding an insurer's duty to defend, because the suit failed to allege an "occurrence."

New pressure coming on U.S. aircraft emissions

Wiley Rein LLP
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USA
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July 8 2011

The federal District Court in the District of Columbia this week issued an order presenting new regulatory challenges for aircraft manufacturers and airlines

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