Subscribe for updates
Recent Posts
- Tenth Circuit Applies Statute of Limitations That Is “Closest Fit” in CERCLA Action, Overrules Earlier Precedent
- New Jersey Weighs in on State Climate Tort Claims
- First Circuit Holds that Smelling Vehicle Exhaust Constitutes Injury-in-Fact under Clean Air Act
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
- Court Dismisses Microplastics Consumer Protection Suit Citing Federal Preemption
Topics
- NJDEP
- Pollutants
- Connecticut
- Federal Land Policy and Management Act
- Loper Bright
- Council on Environmental Quality
- Agency Action
- 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
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Environmental Covenants
- Federal Circuit
- Divisibility
- National Contingency Plan
- Apportionment
- Strict Liability
- Water Pollution Control Act
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Commonwealth Court
- Fees
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Tribal Lands
- Gold King Mine
- Utah
- Federal Tort Claims Act
- New Mexico
- 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
- Property Damage
- PCBs
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfields
- Brownfield
- Innocent Party
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- FOIA
- Effluents
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Civil Penalties
- Hearing Board
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Property Value
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Ninth Circuit
- Arizona
- Attorney-Client
- OPRA
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Administrative Appeals
- Taxes
- Preemption
- CAFA
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Natural Gas Act
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- Mercury
- Hazardous Air Pollutants
- HAPs
- D.C. Circuit
- Takings
- Condemnation
- Storage
- Natural Gas
- Takings Clause
- Flooding
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Act 13
- Zoning
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Private Right of Action
- Sixth Circuit
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Montana
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Laches
- Boiler MACT
- Declaratory Relief
- Second Circuit
- Contribution
- Procedure
- Standing
- NPDES
- Dimock
- Medical Monitoring
- Case Update
- Legislation
- Certification
- Contamination
- Louisiana
- Dukes
- CLE
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- Cost Recovery
- CERCLA
- Insurance
- Defense Costs
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Donovan
- Army Corps
- Rapanos
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- Nuisance
- Administrative Hearing
- New Jersey
- ISRA
- Informal Agency Action
- Railroad
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- 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
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Leases
- Exploration
- Royalties
- Drilling
- Oil and Gas
Blog editor
Blog Contributors
Showing 14 posts in Public Lands.
One of the very first things I was told by the senior partner when I started practicing law was that there isn’t an honest mistake that can’t be fixed, except blowing the statute of limitations. As a result, my calendar has limitations periods blocked out weeks, months and in some cases years in advance, and if there’s ever a question of when it runs, I use the earliest date. The Tenth Circuit’s decision in Impact Energy Resources, LLC v. Salazar, Nos. 11-4043 & 11-4057 (Sept. 5, 2012 10th Cir.), is a cautionary tale to those who may not be as conservative. Read More »
|
Email|
Comments|
Topics: Administrative Procedures Act, Cases to Watch, Exploration, Federal Procedure, Interior, Leases, Mineral Leasing Act, Oil and Gas, Procedure, Public Lands, Statute of Limitations, Tenth Circuit, Tolling
Yesterday, the Superior Court of New Jersey, Appellate Division, handed down a decision that should provide some solace to property owners of condemned property who often find themselves in the position of paying for remediation of a property which they no longer own and for which they’ve never received payment. Read More »
|
Email|
Comments|
Topics: Cleanup, Contamination, Eminent Domain, Landfill, New Jersey, Public Lands, Real Estate, Remediation
Yesterday, the United States Supreme Court issued its decision in PPL Montana, LLC v. Montana, No. 10-218 (Feb. 22, 2012), which reads more like a wonderous travelogue than a judicial opinion. The decision can’t help but inspire one to put on a pair of hiking boots and set out for Montana. At least, the Montana explored by Lewis and Clark and that joined the United States in 1889. Read More »
|
Email|
Comments|
Topics: Decisions of Note, Equal-Footing Doctrine, Leases, Montana, Navigability, Public Lands, Real Estate, Riverbed, Supreme Court
OK, admittedly, this case has little to do with environmental law or civil procedure, but sometimes the facts are good enough to make a decision worth noting. Read More »
