This is Part V of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: K. Tenth Circuit 1. Court of Appeals In an important decision released on May 29, 2015, the U.S. Court of Appeals for the Tenth Circuit rejected the…
State legislation imposing economic conditions that may have an extraterritorial impact outside the state is not, for that reason alone, invalid under the Commerce Clause. Unless the state legislation somehow discriminates in favor of in-state commerce or imposes a significant burden on interstate commerce, it will not be held invalid…
This is Part IV of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: J. Ninth Circuit In the case of Association of Irritated Residents v. EPA, et al., decided June 23, 2015, the U.S. Court of Appeals for the Ninth…
This is Part III of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: G. Sixth Circuit Court of Appeals On June 2, 2015, the U.S. Court of Appeals for the Sixth Circuit decided the case of Adkisson v. Jacobs Engineering…
In EME Homer City Generation, L.P., v. EPA, 696 F.3d 7 (2012), the U.S. Court of Appeals for the District of Columbia Circuit, in a 2 to 1 decision, vacated the 2011 Cross-State Air Pollution Rule (aka the Transport Rule). The U.S. Supreme Court, on April 29, 2014, reversed the DC…
This is Part II of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: E. Fourth Circuit 1. Court of Appeals On July 1, 2015, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case of…
This is Part I of VII of a brief recap of some the significant environmental law and administrative cases decided in the past few months: I. FEDERAL COURTS A. Supreme Court The U.S. Supreme Court, on June 29, 2015, in a 5 to 4 ruling, held in Michigan v. EPA, that…
Today, Pillsbury attorneys Julia Judish and Erica Turcios published their client alert titled Department of Labor Says Most Workers Are Employees Under FLSA: Ultimate Test is Economic Dependence. The Alert discusses the recent Wage and Hour Division of the U.S. Department of Labor’s Administrator’s Interpretation No. 2015-1. The Administrator’s Interpretation adopts a…
In Gunpowder Riverkeeper v. FERC (where Columbia Gas Transmission, LLC was an Intervenor), the U.S. Court of Appeals for the District of Columbia Circuit denied Gunpowder Riverkeeper’s petition seeking a review of FERC’s issuance of a conditional certificate for public convenience and necessity granted by FERC to Columbia Gas Transmission to…
In National Association for Surface Finishing v. EPA, the U.S. Court of Appeals for the District of Columbia Circuit upheld EPA’s 2012 revision of its Clean Air Act (CAA) emissions standards for hexavalent chromium. The new rule imposes more stringent emissions limitations than the former rule required, and mandates the…