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Administrative Procedure Act Citizen Suits

Foley Hoag LLP - Environmental Law

Fluoridation May Not Be A Commie Plot, But It Does Apparently Present Unreasonable Risks

Sometimes, a blog just has to be written. For those of us of a certain age, Sterling Hayden's speech as Jack D. Ripper in Dr. Strangelove concerning the Communist plot to fluoridate our water is iconic. Well, it turns out...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

WilmerHale on

This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more

Foley Hoag LLP - Environmental Law

Does EPA Have a Non-discretionary Duty To Make a Statute Work?

If this Administration’s first year has taught us anything, it is that determining when EPA has an affirmative duty to act is going to be very important over the remaining 3 (or 7!) years of the Trump presidency. That was...more

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