Taft Stettinius & Hollister LLP | USA | 9 Aug 2022
On July 20, 2022, the U.S. Court of Appeals for the 4th Circuit addressed when a state agency’s prosecution commences and thus precludes citizen…
Taft Stettinius & Hollister LLP | USA | 27 Aug 2021
In State v. United States, North Carolina sued to collect a punitive civil penalty assessed against the Marine Corps under the Clean Air Act for…
Taft Stettinius & Hollister LLP | USA | 16 Apr 2021
In Southern Appalachian Mountain Stewards v. Red River Coal Co., ___ F.3d ___, No. 19-2194, 2021 WL 1182464 (4th Cir. 2021), the U.S. Court of…
Taft Stettinius & Hollister LLP | USA | 25 Sep 2018
In Sierra Club v. Virginia Electric & Power Company, the Fourth Circuit held that coal ash settling ponds are not “point sources” under the Clean…
Taft Stettinius & Hollister LLP | USA | 6 Aug 2015
The 4th Circuit Court of Appeals held that the seller of used transformers containing PCBs had no CERCLA "arranger" liability for PCB contamination…
Taft Stettinius & Hollister LLP | USA | 4 Aug 2015
In Consolidated Coal Co. v. Georgia Power Co., 781 F.3d 129 (4th Cir. 2015), the 4th Circuit Court of Appeals held that the seller of used…
Taft Stettinius & Hollister LLP | USA | 8 Apr 2013
An owner of real property claiming the bona fide prospective purchaser (BFPP) defense under Section 107(r)(1) of CERCLA has the burden of…
Taft Stettinius & Hollister LLP | USA | 2 Nov 2010
The Fourth Circuit dismissed a qui tam suit brought by a former employee who had signed a broad release as part of a severance agreement where the Government already had sufficient knowledge of the subject matter of those claims prior to when the former employee filed his qui tam suit.
Taft Stettinius & Hollister LLP | USA | 10 Aug 2010
The U.S. Court of Appeals for the Fourth Circuit recently reversed a controversial district court decision that allowed third parties to use the court system to establish emission standards that could conflict with the requirements of the Clean Air Act.