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Consent decree renders citizen suit moot
  • Gardere
  • USA
  • June 30 2008

In Environmental Conservation Organization v. City of Dallas, the Fifth Circuit Court of Appeals held that an action filed by the Environmental Conservation Organization (“ECO”) against the City of Dallas was rendered moot by a consent decree between the City and the EPA. The ECO originally filed suit against the City under the citizen suit provision of the Clean Water Act alleging that the City violated the terms of its Municipal Separate Storm Sewer Permit


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


US government lists polar bears as "threatened species"
  • Gardere
  • 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


Rhode Island residents settle with New England Gas Co.
  • Gardere
  • USA
  • May 23 2008

On April 24, 2008, lawyers representing 120 Rhode Island residents announced a settlement of their lawsuit alleging contamination of their homes from hazardous waste beneath the properties


Supreme Court to hear utility industry appeal of EPA regulations
  • Gardere
  • USA
  • May 23 2008

On April 14, 2008, the United States Supreme Court accepted an appeal challenging the EPA’s regulations for retrofitting power plant cooling tower intakes


Defendants win “round one” of climate change fight in United States Supreme Court
  • Gardere
  • USA
  • August 17 2011

In American Electric Power Co. v. Connecticut, the United States Supreme Court held that federal common law public nuisance claims seeking injunctive relief against emitters of greenhouse gases were displaced by the Clean Air Act and EPA’s regulatory implementation of the Act’s provisions


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


Supreme Court limits CERCLA arranger liability and breathes life into divisibility defenses
  • Gardere
  • USA
  • July 1 2009

In an 8-1 decision with broad implications for CERCLA cleanups, in Burlington N. & S. F. R. Co. v. United States, the U.S. Supreme Court (i) clarified the meaning of "arrange for disposal" under section 107 of CERCLA by ruling that it includes an intent requirement - the arranger is not liable if it did not intend to dispose of the materials, and (2) clarified the level of proof needed to demonstrate divisibility of harm and thereby avoid joint and several liability at multi-party Superfund sites


Court chooses sound economics over fish
  • Gardere
  • USA
  • July 1 2009

In a 6-3 decision, the U.S. Supreme Court ruled in Entergy Corporation v. Riverkeeper that EPA may rely on cost-benefit analysis in setting the national performance standards for "cooling water intake structures" that must be upgraded to prevent aquatic plants and animals from being squashed against intake screens (impingement) or sucked into the cooling system (entrainment


District court further outlines arranger liability under CERCLA, TSWDA
  • Gardere
  • USA
  • July 1 2009

In Celanese v. Coastal Water Authority, No. 06-CV-2265 (S.D. Tex. April 13, 2009) the Southern District of Texas issued an opinion that further defines the scope of liability under the Texas Solid Waste Disposal Act's cost-recovery scheme