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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


U.S. Supreme Court clarifies "arranger" liability and apportionment procedures under CERCLA
  • Gardere
  • USA
  • May 6 2009

The United States Supreme Court issued a significant decision recently that clarifies two important issues in favor of defendants at CERCLA sites


EPA abandons majority of construction stormwater guidelines
  • Gardere
  • USA
  • November 3 2010

About a year after finalizing its construction stormwater rule, EPA has abandoned the numeric turbidity limits after admitting they are flawed because EPA agreed it improperly interpreted data and could no longer support the 280-NTU numeric effluent limit


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?


Texas AG moves to block federal action on GHG limits
  • Gardere
  • USA
  • November 3 2010

On Sept. 16, 2010, Texas Attorney General Greg Abbott petitioned the U.S. Court of Appeals for the D.C. Circuit to keep various greenhouse gas emission (GHG) limits from taking effect in January 2011


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


No quorum: the 5th Circuit dismisses appeal on Hurricane Katrina global warming case
  • Gardere
  • USA
  • November 3 2010

"A court without a quorum cannot conduct judicial business."


Federal court allows regulation through litigation
  • Gardere
  • USA
  • February 3 2009

In North Carolina v. Tennessee Valley Authority (PDF:287KB), a case concerning claims of cross-border pollution, a Federal District Court determined that emissions from TVA's facilities created a pollution-based public nuisance affecting North Carolina


Federal court rejects catalyst theory in CWA citizen suit
  • Gardere
  • USA
  • February 3 2009

In Environmental Conservation Organization (ECO) v. City of Dallas (PDF:28), the 5th Circuit refused to grant a citizen plaintiff standing to recover its attorneys fees in a Clean Water Act citizen suit against the City of Dallas