
Subscribe for updates
Recent Posts
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
- Court Dismisses Microplastics Consumer Protection Suit Citing Federal Preemption
- Montana Supreme Court Finds Constitutional Right to Stable Climate
- D.C. Circuit Issues Surprise Holding in NEPA Dispute: CEQ Regulations are Non-Binding
- New Mexico District Court Applies Pro-Rata Method to Settlement under CERCLA
Topics
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- FIFRA
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Apportionment
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- New Mexico
- Tribal Lands
- Gold King Mine
- Utah
- Federal Tort Claims Act
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- Endangered Species Act
- United States Supreme Court
- Chevron Deference
- HSCA
- Corporate Veil
- Alter Ego
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Building Materials
- First Circuit
- Property Damage
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Effluents
- FOIA
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Hearing Board
- Clean Streams Law
- Civil Penalties
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Property Value
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Arizona
- Ninth Circuit
- OPRA
- Attorney-Client
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Freshwater Wetlands Protect Act
- Residential
- Inspection
- New York
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- Federal Energy Regulatory Commission
- HAPs
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- Condemnation
- Takings
- Storage
- Natural Gas
- Fifth Amendment
- Takings Clause
- Flooding
- Spill Act
- Causation
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Sixth Circuit
- Private Right of Action
- Water
- Illinois
- Subject Matter Jurisdiction
- Citizen Suit
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Navigability
- Montana
- Equal-Footing Doctrine
- Riverbed
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- CISWI
- Consent Decree
- Enforcement
- EPA
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- Second Circuit
- Contribution
- Declaratory Relief
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Contamination
- Louisiana
- Dukes
- Certification
- CLE
- Decisions of Note
- Expert Witness
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Defense Costs
- Cost Recovery
- CERCLA
- Insurance
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Rapanos
- Army Corps
- Donovan
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- Class Actions
- Hog Barn
- Administrative Hearing
- New Jersey
- ISRA
- Informal Agency Action
- Air
- Combustion
- RCRA
- Railroad
- Cancer
- Emissions
- Waste
- Speaking Engagements
- Removal
- Federal Procedure
- Third Circuit
- Toxic Torts
- Clean Air Act
- Statute of Limitations
- Permits
- Title V
- Superfund
- Cleanup
- Supreme Court
- Multi-District Litigation
- Tolling
- Camp Lejeune
- Statute of Repose
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Royalties
- Drilling
- Oil and Gas
- Leases
- Exploration
Blog editor
Blog Contributors
Showing 3 posts from June 2018.
Earlier this month, the Pennsylvania Supreme Court affirmed in part and reversed in part a preliminary injunction issued by the Pennsylvania Commonwealth Court with respect to newly promulgated regulations regarding unconventional well drilling. Marcellus Shale Coal. v. Dep't of Envtl. Prot. of Commonwealth, 115 MAP 2016, 2018 WL 2452607 (June 1, 2018). In the decision, the Court rejected the argument that courts should defer to a regulatory agency when deciding a preliminary injunction with respect to the agency’s authority to issue regulations, and also shed light on how it interprets allegations of vagueness and conflict in agency regulations. The majority opinion was authored by Chief Justice Saylor and was joined in full by all the associate justices except for Justice Donohue, who authored a concurring and dissenting opinion. Justice Donohue’s opinion, perhaps most notably, voices her disagreement with the Commonwealth Court’s interpretation of Article 1, Section 27 of the Pennsylvania Constitution, known as the Environmental Rights Amendment. Read More »
In August 2016, pursuant to § 7601 of the Clean Air Act, EPA issued its proposed Amendments to Regional Consistency Regulations (“Amended Regulations”), 40 C.F.R. §§ 56.3-56.5 (2017). The Amended Regulations state that, for purposes of implementing the Clean Air Act nationwide, EPA would only apply decisions of the U.S. Supreme Court and U.S. Court of Appeals for the D.C. Circuit uniformly:
Only decisions of the U.S. Supreme Court and decisions of the U.S. Court of Appeals for the D.C. Circuit Court that arise from challenges to ‘nationally applicable regulations . . . or final action,’ as discussed in Clean Air Act section 307(b) (42 U.S.C. 7607(b)), shall apply uniformly.
In National Environmental Development Association’s Clean Air Project v. EPA, No. 16-1344 (D.C. Cir. June 8, 2016), industry groups (“Petitioners”) challenged the Amended Regulations in the D.C. Circuit on the basis that EPA is charged with implementing the Clean Air Act uniformly nationwide and must establish mechanisms for resolving judicially-created inconsistencies, as opposed to ignoring them. In the decision rendered earlier this month, the D.C. Circuit denied the petitions for review and upheld the Amended Regulations. Read More »
On June 1, 2018, the Pennsylvania Supreme Court, in a 4-3 decision, held that a municipality was required to amend its zoning ordinance before it could allow natural gas operations in a residential-agricultural zoning district. Gorsline v. Bd. of Sup. of Fairfield Twp., et al., No. 67 MAP 2016, 2018 WL 2448803 (June 1, 2018). Specifically, the Court ruled that the Fairfield Township Board of Supervisors improperly found that the drilling and operation of a natural gas well in a Residential-Agricultural (“R-A”) district was “similar to” other uses in the R-A district. Although the Township’s zoning ordinance did not specifically allow drilling, the zoning ordinance provided that when a use is not specifically permitted by the zoning ordinance, the Supervisors may permit the use if, among other things, it is “similar to and compatible with the other uses permitted in the zone where the subject property is located.” The Supervisors found that Inflection Energy, LLC’s proposed gas drilling was “similar to” other uses in the R-A district. The Commonwealth Court upheld the Supervisors’ decision, finding that the gas drilling was similar to and compatible with a “public service facility,” which is a conditional use in the R-A district, and which is defined as the “erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations; sewage disposal or pumping plants and other similar public service structures by a utility, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, communication, water supply and sewage disposal services.” Read More »