The Continuing Impact of Coal Ash - Energy Law Insights
Litigating During COVID: What You Need to Know
In a significant turn of events for the coal mining sector, the Mine Safety and Health Administration (MSHA) has announced a temporary enforcement pause on its stringent respirable crystalline silica regulation. This...more
On August 5, 2022, the US Court of Appeals for the District of Columbia Circuit upheld the US Tax Court’s bench opinion in favor of partners and investors in a refined coal business. The Internal Revenue Service (IRS) has...more
A Court of Appeals of Maryland (“Court”) addressed in an august 16th Opinion a dispute between a windfarm owner and neighboring coal cleaning operation. See Gestamp Wind North America, Inc., et al. v. Alliance Coal, LLC, et...more
Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613...more
In the continuing saga of Millennium Bulk Terminal’s efforts to build the largest coal export terminal in North America, on March 17, 2020, the Court of Appeals issued an unpublished decision with interesting holdings on...more
Focus - U.S. appeals court orders dismissal of young people's lawsuit over climate change - U.S. News & World Report – January 17 - A federal appeals court on Friday threw out a lawsuit by children and young adults...more
We recently reported that on June 11, 2019, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the Mine Safety and Health Administration’s (“MSHA”) 2018 rule...more
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”) with a prominent backstopped...more
Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019) - Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land...more
Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
Over the last few years, there has been debate regarding whether ALJs are “inferior officers” under the Appointments Clause of the Constitution. This provision provides that officers, including inferior officers, may only be...more
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
This is our second installment of Currents - our weekly energy news e-blast where we deliver the week's top energy news stories and our synopsis of why those stories are important from a legal perspective. - Appeals Court...more
Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more
Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of...more
The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more
Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more
Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more
On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more