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MGKF Litigation Blog Blog

Articles: 1-10 of 179

Ninth Circuit Holds Sovereign Immunity Protects Tribe From Suit Under The Clean Water Act

USA - July 12 2021 On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the…

Third Circuit Holds that Air Emission Exceedances Governed by a Permit Are Not Subject to a Duplicative CERCLA Reporting Requirement

USA - July 7 2021 A three-judge panel of the Third Circuit held on January 29, 2021 that air emission exceedances governed by a state air permit and duly reported…

US Supreme Court Holds Pipeline Companies May Exercise Federal Eminent Domain to Acquire State Land Under Natural Gas Act

USA - July 1 2021 On Tuesday, June 29, 2021, the United States Supreme Court reversed the Third Circuit and held that Section 717f(h) of the Natural Gas Act authorizes…

Supreme Court Restores EPA’s Extension of Certain Renewable Fuel Program Exemptions

USA - June 29 2021 On June 25, 2021, the Supreme Court, reversing the Tenth Circuit, held that a small refinery that had previously received an exemption from certain…

Commonwealth Court of Pennsylvania Holds that Natural Gas Act Does Not Divest the Environmental Hearing Board of Jurisdiction Over Appeals of Agency Actions

USA - June 25 2021 Earlier this month, the Commonwealth Court of Pennsylvania concluded that the Pennsylvania Environmental Hearing Board (EHB) erred in its dismissal…

Colorado Supreme Court Denies County Immunity from State Environmental Enforcement Action

USA - June 17 2021 On June 7, 2021, the Colorado Supreme Court affirmed in part a decision of the Appellate Division and held that the Colorado Department of Public…

US Supreme Court Broadens Scope of Review in Climate Change Appeal, With Possible Profound Effects for Ongoing Environmental Litigation

USA - May 28 2021 On May 17, 2021, the Supreme Court vacated an appellate court decision which had remanded to state court an action seeking to hold petroleum…

Supreme Court Tries To Set A Bright Dividing Line On CERCLA Claims, But Has It?

USA - May 25 2021 Less than a month after hearing oral arguments, the United States Supreme Court issued its unanimous decision in Guam v. United States, Docket No…

Dismissal of New York City’s Climate Change Suit Affirmed by Second Circuit On Preemption Grounds

USA - April 30 2021 Earlier this month, the Second Circuit affirmed the District Court for the Southern District of New York’s ruling that state common law claims…

Seventh Circuit Interprets "Claim" to Rule that Buyer Must Indemnify Seller for Superfund Liability

USA - April 14 2021 On March 31, 2021, the Court of Appeals for the Seventh Circuit upheld a district court decision interpreting the term “claim” in an indemnification…