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The climate report - Summer 2015 - Climate change litigation
  • Jones Day
  • USA
  • August 11 2015

As previously reported in the Summer 2014, Fall 2014, and Spring 2015 issues of The Climate Report, Murray Energy and a group of states challenged


Court invalidates 30-year permit provisions of U.S. Fish and Wildlife Service’s eagle permit rule on NEPA grounds
  • Stoel Rives LLP
  • USA
  • August 12 2015

As we discussed in this post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife


Windfarm industry suffers setback as court rejects 30 year Eagle permit rule
  • Davis Wright Tremaine LLP
  • USA
  • August 13 2015

On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the


Criminal Indictment Precluded After Loss In Civil Action
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • December 15 2016

On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court's decision dismissing the federal


District Court’s NEPA Judgment Vacated In Case Rendered Moot
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • December 16 2016

On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina


Flushing out the safe harbor: “General Land Area Minimum” offers Newton no 40B shelter
  • Beveridge & Diamond PC
  • USA
  • August 6 2015

Municipalities long unable to achieve ten percent affordable housing are now turning more frequently to a different Safe Harbor to block development


DC Circuit upholds EPA’s Cross-State Air Pollution Rule
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • July 31 2015

The United States Circuit Court of Appeals for the District of Columbia on Tuesday, July 28, 2015 upheld the majority of the Environmental Protection


Texas says EPA administrative actions under CERCLA trigger duty to defend
  • Proskauer Rose LLP
  • USA
  • August 6 2015

As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the


Neighbors’ noise complaints trigger EIR
  • Manatt Phelps & Phillips LLP
  • USA
  • July 2 2015

The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to


Obama administration announces final Clean Power Plan regulations
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 5 2015

On Monday, August 3, 2015, President Obama announced the Environmental Protection Agency's (EPA) final Clean Power Plan rule, which will sharply cut