We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 87

Texas trial court recognizes potential application of "public trust" doctrine to redress climate change
  • Gardere Wynne Sewell LLP
  • 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


U.S. Fifth Circuit vacates EPA's disapproval of Texas's flexible permit program
  • Gardere Wynne Sewell LLP
  • 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 Wynne Sewell LLP
  • USA
  • August 23 2012

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


Court sustains EPA greenhouse gas regulations
  • Gardere Wynne Sewell LLP
  • 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


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


Whooping crane litigation
  • Gardere Wynne Sewell LLP
  • USA
  • March 15 2012

Our latest bulletin discussing the watershed Texas Supreme Court opinion in Day regarding ownership rights of groundwater may soon be joined by a federal court ruling dealing with regulation of those waters flowing above the surface in Texas rivers, creeks, and other watercourses


EPA’s Clean Air Interstate Rule determined 'fatally flawed'
  • Gardere Wynne Sewell LLP
  • USA
  • July 31 2008

On July 11, the D.C. Circuit Court of Appeals vacated EPA’s 2005 Clean Air Interstate Rule (“CAIR”), EPA’s rule addressing the Clean Air Act’s requirement that states implement SIPs that would prohibit significant contributions to NAAQS non-attainment areas in other states


Citizen suit not authorized to challenge pre-construction permit application
  • Gardere Wynne Sewell LLP
  • USA
  • July 31 2008

Holding that the Clean Air Act provides opportunities for citizens groups to participate in permitting decisions other than federal lawsuits, the Fifth Circuit denied a citizens suit challenging a pre-construction permit application for TXU’s proposed Oak Grove Power Plant in Robertson County, Texas


Insured’s environmental claims not time barred under policy language
  • Gardere Wynne Sewell LLP
  • USA
  • July 31 2008

In Charter Int'l. Oil Co.v. Travelers Casualty and Surety Co., No. 06-324 (D.R.I., June 9, 2008), the Rhode Island federal district court held that the state's 10 year limitations period did not expire even though the insured waited 14 years to file a lawsuit after entering an agreement with the state to clean up the covered property


Fifth Circuit: actionable CERCLA release required to toll state limitations
  • Gardere Wynne Sewell LLP
  • USA
  • July 31 2008

Premises owners, product manufacturers, employers and other potential toxic tort defendants may find the Fifth Circuit’s recent Barnes v. Koppers, Inc., No. 06-60708 (5th Cir. June 30, 2008), statute of limitations ruling a mixed bag, but generally encouraging