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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


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


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


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


Groundwater rights: constitutionally compensable interests
  • Gardere
  • USA
  • March 6 2012

On Feb. 24, 2012 the Supreme Court of Texas issued a watershed decision supporting the property rights of landowners to groundwater beneath their land


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


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."


CERCLA: court rejects innocent landowner defense for developer who worsened contamination
  • Gardere
  • USA
  • March 20 2008

In U.S. v. Honeywell International, Inc., the U.S. District Court for the Eastern District of California held that a developer who had no reason to know of contamination is nevertheless liable for disposing of hazardous substances under CERCLA because the developer performed excavation activities that worsened the contamination