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 89

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


Whooping crane litigation
  • Gardere
  • 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


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


Quandary over quorum in landmark greenhouse gas case
  • Gardere
  • USA
  • June 7 2010

In February, the 5th U.S. Circuit Court of Appeals ordered a rehearing en banc before nine of 16 circuit judges to review the decision of a three-judge panel in Comer v. Murphy Oil


It's started - transnational lawsuits over GHGs
  • Gardere
  • Global, USA
  • June 7 2010

In a sign of the times, the Federated States of Micronesia, a chain of islands in the Pacific Ocean, has lodged a legal challenge to plans to extend the life of the large Prunérov coal-fired power plant in the Czech Republic, the 11th dirtiest in Europe, an additional 25 years


Texas challenges EPA Endangerment Finding
  • Gardere
  • USA
  • June 7 2010

Texas Gov. Rick Perry, Texas Attorney General Greg Abbott and Texas Agriculture Commissioner Todd Staples jointly asked EPA to reconsider its Endangerment Finding for GHGs and filed a Petition for Review with the U.S. Court of Appeals for the D.C. Circuit, challenging the Endangerment Finding


$3 million fracking nuisance
  • Gardere
  • USA
  • April 25 2014

On April 22, in what is being called the "first fracking trial," five of six jurors in Dallas County agreed with Plaintiffs, Lisa and Robert "Bob"


Ninth Circuit applies the federal discovery rule to state statutes of repose
  • Gardere
  • USA
  • December 18 2008

On Nov. 19, 2008, the Ninth Circuit Court of Appeals held that a Superfund provision that adds a discovery rule to the deadline for filing a state damages action stemming from a hazardous substance release applies to state statutes of repose as well as state statutes of limitations


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


EPA storm water discharge rule vacated
  • Gardere
  • USA
  • June 30 2008

The United States Court of Appeals for the Ninth Circuit vacated the EPA rule that exempted discharges of sediment from oil and gas construction activities that contribute to violations of water quality standards from the permitting requirements of the Clean Water Act (“CWA”