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Pillsbury | USA | 29 Jun 2018

Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

On June 27, the U.S. Court of Appeals for the Seventh Circuit decided the case of Orchard Hill Building Co. v. U.S. Army Corps of Engineers. The Court…
Article

Pillsbury | USA | 29 Jun 2018

Ninth Circuit Affirms District Court’s Ruling Finding Lack of Redressability for Alleged ESA and NHPA Violations

On June 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Center for Biological Diversity, et al., v. Export-Import Bank of the…
Article

Pillsbury | USA | 26 Jun 2018

EPA Proposes to Promulgate No New CWA Section 311 Rules for Releases of Hazardous Substances

On June 25, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking (NPRM) (83 F.R. 29499 (June 25, 2018)) regarding Clean…
Article

Pillsbury | USA | 22 Jun 2018

Texas Supreme Court Confirms that Local Antilitter Ordinance is Preempted

On June 22, the Texas Supreme Court decided an important environmental case, City of Laredo, TX v. Laredo Merchants Assoc. Without dissent, the Court…
Article

Pillsbury | USA | 21 Jun 2018

Fourth Circuit Rejects “Construction Submission” Theory in Case Against West Virginia

On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West…
Article

Pillsbury | USA | 21 Jun 2018

Fourth Circuit Address “Political Question’ Doctrine in Case Against Government Contractor

On June 20, 2018, the U.S. Court of Appeals for the Fourth Circuit decided the case of In re: KBR, Inc. Burn Pit Litigation, affirming the ruling of…
Article

Pillsbury | USA | 13 Jun 2018

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the…
Article

Pillsbury | USA | 13 Jun 2018

Ninth Circuit Decision Enforcing Indian Treaty Fishing Rights Affirmed by an Equally Divided Supreme Court

On May 19, 2017, the Ninth Circuit, United States v. Washington, affirmed the District Court’s ruling that the State of Washington, in building and…
Article

Pillsbury | USA | 13 Jun 2018

Court of Federal Claims Confirms that EPA Was Responsible for “Taking” Steel Making Byproduct Purchased by a Private Party

On May 18, the U.S. Court of Federal Claims decided the case of Gadsden Indus. Park, LLC v. U.S., ruling that the Environmental Protection Agency…
Article

Pillsbury | USA | 11 Jun 2018

Ninth Circuit Rejects “Omission Theory” for Challenges to Product Labels

On June 4, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Hodsdon v. Mars, Inc., and affirmed the District Court’s…
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