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West Virginia Legislature passes comprehensive aboveground storage tank bill and amends public water supply laws

USA - March 17 2014 On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4-…

Christopher "Kip" B. Power.

States’ primary authority to regulate coal mining pursuant to SMCRA under assault

USA - October 14 2013 As suggested in a "Guidance Memorandum" issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S…

Christopher "Kip" B. Power.

State primacy in coal mining regulations challenged: environmental group seeks Federal Court jurisdiction

USA - October 14 2013 State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Centeret al…

Christopher "Kip" B. Power.

EPA re-gains “green light” to regulate permitting procedures

USA - July 23 2014 Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for…

Christopher "Kip" B. Power.

Regulation by litigation: Fourth Circuit weighs in on nuisance suits involving air emissions

USA - August 23 2010 The Fourth Circuit Court of Appeals has become the latest federal appellate court to weigh in on the viability of public nuisance lawsuits to effectively regulate air emissions.