Searching Content indexed under Trials & Appeals & Compensation by Seth Jaffe ordered by Published Date Descending.
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If It Walks Like A Duck And Talks Like A Duck, It May Still Not Be Sauce For The Gander
Earlier this week, the D.C. Circuit Court of Appeals held that the "Wehrum Memo," which reversed EPA's longstanding policy of "once in, always
United States
27 Aug 2019
More Sauce For The Chevron Goose
Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under ง 401 of the Clean Water Act.
United States
15 Aug 2019
Climate Change Litigation Strategy: Swing For The Fences Or Hit Singles?
Those seeking to address climate change through litigation have taken two different paths. Some cases, probably best represented by Juliana v. United States
United States
9 Aug 2019
The Trump Administration Provides Another Lesson In How To Lose An Environmental Case
Last week, the 4th Circuit Court of Appeals vacated the Fish and Wildlife Service's Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline.
United States
5 Aug 2019
When the Supreme Court decided that the district courts had jurisdiction over challenges to the Obama administration WOTUS rule, I described it as a victory of the "give me a break"
United States
19 Jun 2019
Broken Record Department; EPA Loses Another Delay Case
On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA's 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons.
United States
3 Jun 2019
United States
25 Mar 2019
Injunctions In RCRA Citizen Suits — Broad, But Not Infinite
Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls.
United States
21 Mar 2019
When Is A Regulatory Denial A Regulatory Taking? Not Very Often, At Least In Massachusetts
On Tuesday, the Massachusetts Appeals Court denied a regulatory takings claim brought by a plaintiff whose development plans for her property in Falmouth were denied by the Falmouth Conservation
United States
28 Feb 2019
Bad Superfund Judging — Like, Saints/Rams Bad
I hold the attorneys for the State of Ohio responsible for this travesty.
United States
11 Feb 2019
EPA's New Approach To Cost Benefit Analysis: Charles Dickens Or Alice In Wonderland?
I've only now had the opportunity to catch up with EPA's proposed reconsideration of its approach to cost-benefit analysis for the Mercury and Air Toxics Standards.
United States
17 Jan 2019
Deja Vu All Over Again — The Trump Administration Refuses To Provide "Good Reasons" For Its Change In Course On Keystone XL
The Department possesses the authority to give more weight to energy security in 2017 than it had in 2015.
United States
15 Nov 2018
A Mixed Bag For Climate Litigation Plaintiffs
Last week there were two court decisions on cases in which groups of citizens are seeking court orders requiring the government to act on climate change. The biggest news was that the Supreme Court
United States
9 Nov 2018
A Sliver Of Hope For The Government's Remaining NSR Enforcement Cases?
Earlier this month, the 5th Circuit Court of Appeals granted something of a reprieve to EPA's New Source Review enforcement initiative. The Court first confirmed what everyone other than EPA and DOJ
United States
15 Oct 2018
Time For Another Superfund Rant: Still Stupid After All These Years
It's been some time since I ranted about Superfund, but that's not because the statute's gotten any more reasonable.
United States
5 Oct 2018
Are Discharges To Groundwater Potentially Subject To The Clean Water Act? A Circuit Split Tees It Up.
The Sixth Circuit ruled earlier this week that discharges to groundwater are not subject to Clean Water Act jurisdiction.
United States
1 Oct 2018
A Leaking Settling Pond Is Not A Point Source
On Wednesday, the 4th Circuit Court of Appeals reversed a District Court ruling and rejected the Sierra Club's citizen suit against Virginia Electric Power alleging that releases of arsenic from
United States
17 Sep 2018
Municipalities May Regulate The Local Impacts Of Pipelines Without Violating The Commerce Clause
On Friday, Judge John Woodcock held that an ordinance enacted by the City of South Portland, Maine, that prohibited loading crude oil from a pipeline terminating in South Portland ...
United States
3 Sep 2018
How Much Does Trump Even Care About Deregulation?
On Thursday, the Trump Administration's "Suspension Rule," which delayed implementation of the Obama Waters of the United States Rule for two years was struck down.
United States
24 Aug 2018
Court Orders EPA To Ban Chlorpyrifos: No Escaping Jurisdiction After 10 Years Of Delay
Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It's another fairly devastating indictment of the Trump administration.
United States
20 Aug 2018
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