On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S. District Court for the Southern District of Texas in March of 2017. The injunction halted the operation of a barge mooring facility…
On August 15, the U.S. Court of Appeals for the Tenth Circuit decided the case of Sinclair Wyoming Refining Company, et al., v. U.S. EPA. In a split decision, the Tenth Circuit vacated a final order of the Environmental Protection Agency (EPA) which denied the plaintiff small refiners’ request for an exemption from…
On August 11, the U.S. Court of Appeals for the Fifth Circuit decided the case of BC Ranch II, LP, et al., v. Commissioner of Internal Revenue, which involved charitable tax deductions based on the creation of conservation easements. After reviewing the record, the Fifth Circuit, in a split decision,…
On August 2, 2017, the California Governor’s Office of Planning and Research (“OPR”) released its first update to the General Plan Guidelines (the “Guidelines”) since 2003. The Guidelines provide guidance to cities and counties throughout California on the preparation and content of their General Plans, which govern land uses and…
The Texas Legislature meets every two years, and, as befits a large state with varied interest and concerns, typically enacts hundreds of new laws during these sessions. The 85th Regular Session of the Legislature has concluded, and over 1000 laws, dealing with matters large and small were passed and signed…
On August 10, the U.S. Court of Appeals for the Ninth Circuit decided the case of ASARCO LLC v. Atlantic Richfield Company, which involves the ongoing liability to clean up the East Helena Superfund Site, located “in and around an industrial area in Lewis and Clark County, Montana.” The Ninth Circuit, vacating…
On August 4, the U.S. District Court for the Middle District of Tennessee issued a very significant ruling in the case of Tennessee Clean Water Network, et al., v. Tennessee Valley Authority. The District Court has ordered the Tennessee Valley Authority (TVA) to excavate huge quantities of coal ash waste generated over…
In Americans for Clean Energy, et al v. EPA, decided July 28, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Environmental Protection Agency’s (EPA) 2015 rule establishing renewable fuel volume obligations for the years 2014 through 2017, with one exception: the court held that EPA…
Balancing the interests of the Federal Government as owner of thousands of acres surrounding Crooked Lake and private owners’ rights, on July 26, in a 2 to 1 ruling, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. Forest Service exceeded its authority when issuing rules…
On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits against several of its insurance carriers with respect to the contamination indemnification claims generated by Olin Corporation’s…