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D.C. Circuit Rejects Challenge to CERCLA Site Listing

USA - July 19 2022 On July 8, 2022, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) rejected a challenge to the listing of a groundwater…

Samuel B. Boxerman

First Circuit Holds State Administrative Enforcement Does Not Bar a Subsequent Clean Water Act Citizen Suit for Injunctive Relief

USA - May 5 2022 On April 28, 2022, the U.S. Court of Appeals for the First Circuit, sitting en banc, considered in Blackstone Headwaters Coalition, Inc. v. Gallo…

Samuel B. Boxerman

Sixth Circuit: Long-Litigated Superfund Claims Barred by Statute of Limitations

USA - May 4 2022 On April 25, 2022, the U.S. Court of Appeals for the Sixth Circuit addressed the application of the statute of limitations under the Comprehensive…

Samuel B. Boxerman, John M. Heyde

U.S. Appeals, Seeks Stay of Injunction of Social Cost of Greenhouse Gas Estimates

USA - February 25 2022 On Saturday, February 19, 2022, the United States appealed an injunction prohibiting federal agencies from adopting and relying on the interim Social…

Samuel B. Boxerman

Texas Supreme Court Holds Texas Commission on Environmental Quality Definition of “Operator” Controls Over Judicial Interpretation

USA - February 23 2022 Environmental Quality et al. V. Maverick County, et al., a case that addressed the meaning of the term “operator” in the context of the application…

Samuel B. Boxerman