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Three Circuits Set Up CWA Application to Groundwater for Supreme Court Test
  • Davis Wright Tremaine LLP
  • USA
  • September 27 2018

There have been five circuit court decisions in 2018 addressing the application of the Clean Water Act (CWA) to discharges reaching navigable waters

Expanding Liability for Coal Ash Disposal and Contamination
  • Baker Botts LLP
  • USA
  • June 28 2016

Right now, a number of lawsuits alleging coal ash contamination in violation of the Resource Conservation and Recovery Act (“RCRA”) and the Clean

Federal court approves plan to drill off Alaska's north shore
  • Greenberg Traurig LLP
  • USA
  • June 4 2012

On May 25, the Ninth Circuit Court of Appeals issued a decision upholding the Bureau of Ocean Energy Management’s (BOEM) approval of Shell Oil Company’s plan for exploratory drilling in Alaska’s Chukchi Sea.

Ninth Circuit rules EPA violated APA in approving California’s San Joaquin Valley SIP
  • Shook Hardy & Bacon LLP
  • USA
  • February 3 2012

The Ninth Circuit Court of Appeals has overturned the U.S. Environmental Protection Agency’s (EPA’s) approval of a 2004 state implementation plan (SIP) for California’s San Joaquin Valley, ruling that the agency’s approval relied on outdated emissions data and violated the Administrative Procedure Act (APA).

Legal challenge to Avenal Energy project's PSD permit filed with the Ninth Circuit
  • Stoel Rives LLP
  • USA
  • November 8 2011

On November 3, 2011, the proposed Avenal Energy Project, a 600-megawatt natural gas-fired power plant proposed in the city of Avenal near Kettleman City in Kings County, California, encountered another legal challenge to providing electricity to the southern San Joaquin Valley.

Another challenge to the Avenal Energy Project's PSD permit
  • Stoel Rives LLP
  • USA
  • November 8 2011

The Avenal Energy Project’s Prevention for Significant Deterioration (“PSD”) permit has long been the subject of review and legal challenges.

NRC not required to hold hearing on need for EIS on risks of terrorist attack
  • Shook Hardy & Bacon LLP
  • USA
  • February 25 2011

The Ninth Circuit Court of Appeals has ruled that the Nuclear Regulatory Commission (NRC) is not required to hold a closed hearing on its decision to forgo an environmental impact statement (EIS) on the potential effects of a terrorist attack before approving additional nuclear waste storage at a California power plant.

Ninth Circuit’s "federal defendant" intervention rule in NEPA cases finally meets its end: Wilderness Society v. United States Forest Service
  • Latham & Watkins LLP
  • USA
  • February 22 2011

In a significant decision issued in mid-January 2011, the U.S. Court of Appeals for the Ninth Circuit (en banc) abandoned its categorical rule that a party may not intervene of right in the merits of a National Environmental Policy Act (NEPA) case.

Local air district rule requiring development sites to reduce amount of pollutants emitted not preempted by the Clean Air Act
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 3 2011

In NAHB v San Joaquin Valley UAPCD, the United States Court of Appeal for the Ninth Circuit held that Rule 9510, the San Joaquin Valley Unified Air Pollution Control District's (the "District") rule requiring development sites to reduce the amount of air pollutants they emit, was not preempted by the Clean Air Act (the "CAA").

Eighth Circuit Court of Appeals curtails Clean Air Act citizen suits in Sierra Club v. Otter Tail Power Co
  • Alston & Bird LLP
  • USA
  • August 27 2010

On August 12th, the 8th Circuit Court of Appeals issued a decision (Sierra Club v Otter Tail Power Company, et al., 09-2842) that curtails citizen suit enforcement actions brought under the Clean Air Act.