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Results: 1-10 of 89

Court sustains EPA greenhouse gas regulations
  • Gardere
  • USA
  • June 29 2012

In a victory for the Environmental Protection Agency (EPA) and climate change activists, the U.S. Court of Appeals for the District of Columbia Circuit has unanimously rejected challenges to a number of EPA actions that form the basis of the nation's first limits on greenhouse gas emissions


Obama administration asks Supreme Court to deny climate change nuisance suits
  • Gardere
  • USA
  • November 3 2010

Siding with the defendants, the Obama administration has urged the U.S. Supreme Court to vacate the 2nd U.S. Circuit Court of Appeals' decision in American Electric Power v. Connecticut (AEP), which allowed Connecticut and several other states to seek greenhouse gas reductions under federal common law nuisance claims. (American Electric Power Co. v. Connecticut, No. 10-174, brief filed 82410


But you promised to keep the trees!
  • Gardere
  • USA
  • March 11 2014

When the Wheelers agreed to allow a pipeline right of way through their wilderness retreat, known as “The Mountain,” they had one important condition


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


D.C. Circuit says EPAs "transport" rule violates Clean Air Act
  • Gardere
  • USA
  • August 23 2012

August has been a bad month for the EPA in the nation’s federal appellate courts


Texas trial court recognizes potential application of "public trust" doctrine to redress climate change
  • Gardere
  • USA
  • July 17 2012

In statements that, to some, may represent a "shot heard 'round the world" in climate change litigation, a Texas state trial judge recently recognized that the "public trust" doctrine potentially required the Texas Commission on Environmental Quality (TCEQ) to take action to regulate greenhouse gas emissions


D.C. Circuit reinstates EPA's CAIR Rule
  • Gardere
  • USA
  • February 3 2009

In December, the D.C. Circuit issued a ruling in North Carolina v. EPA (PDF:26.14KB) that will allow EPA’s Clean Air Interstate Rule (CAIR) to remain in effect, for a while at least


Louisiana seeks to hold Transocean liable for Gulf oil spill
  • Gardere
  • USA
  • November 3 2010

The State of Louisiana is asking a New Orleans federal judge presiding over the Deepwater Horizon Multi-District Litigation to rule that Transocean Ltd. is a responsible party under the Oil Pollution Act for the Gulf Oil spill


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


Fifth Circuit limits use of CERCLA's "arranger" liability
  • Gardere
  • USA
  • November 3 2010

Can a contractor that unknowingly damages an underground pipeline and sets in motion years of methanol leaks be held liable for arranging disposal of hazardous wastes?