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Settlement Agreements Environmental Policies

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

Air Enforcement: Bay Area Air Quality Management District and City of Berkeley, California, Landfill Enter into Settlement...

The Bay Area Air Quality Management District (“District”) and City of Berkeley, California (“Berkeley”) on April 4th entered into a Settlement Agreement (“Agreement”) addressing alleged violations of California Air...more

Nossaman LLP

U.S. Fish and Wildlife Service Agrees to Make Listing Decision on Dunes Sagebrush Lizard

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On August 25, 2022, the U.S. Fish and Wildlife Service (Service) filed a stipulated settlement agreement (Agreement) in a case challenging the agency’s failure to timely make a 12-month finding on a petition to list the dunes...more

Jenner & Block

Heightened Risk to the Regulated Community: U.S. EPA Overfiling

Jenner & Block on

In what could portend significant risk to the regulated community, a recent “overfiling” by U.S. EPA in connection with a Clean Air Act (CAA) settlement between the Louisiana Department of Environmental Quality (LDEQ) and a...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Clarksville, Tennessee, Brake Manufacturing Facility Enter into...

The United States Environmental Protection Agency (“EPA”) and Akebono Brake Corporation (“ABC”) entered into a June 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7) of the Clean...more

Holland & Knight LLP

MassDEP Requests EPA Add PFAS to Monitoring Requirements Under the 2020 MSGP

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By letter dated June 1, 2020, Director of Watershed Management for the Massachusetts Department of Environmental Protection (MassDEP) Lealdon Langley filed comments at www.regulations.gov for Docket ID: EPA-HQ-OW-2019-0372...more

Nossaman LLP

DOJ-ENRD Issues Policy Memorandum Ending Use of SEPs in Environmental Settlements

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On March 12, 2020, Jeffrey Bossert Clark, the Assistant Attorney General in charge of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ-ENRD”) issued a policy memorandum formally ending the...more

Robins Kaplan LLP

Financial Daily Dose 1.7.2020 | Top Story: Facebook Ban of “Deepfakes”

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Facebook wages a war on misinformation. On Monday, Facebook announced it will start removing videos altered by artificial intelligence that are likely to mislead people into thinking that a subject of the video made...more

Nossaman LLP

Settlement Agreement Requires Grizzly Bear Status Review

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The U.S. District Court for the District of Montana has approved a partial settlement between the Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (Service) requiring that the Service complete and...more

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

Section 401/Clean Water Act Litigation: Maryland Department of the Environment and Exelon Generation Company, LLC Settlement

The Maryland Department of the Environment (“MDE”) and Exelon Generation Company, LLC (“Exelon”) entered into a October 29th settlement agreement (“ Settlement Agreement”) related to litigation involving a Section 401 Clean...more

Downey Brand LLP

California Air and Climate Vol. 10: CARB Reports Continued Declines in Greenhouse Gas Emissions; Tulare County Settles Lawsuit...

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CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more

Nossaman LLP

Settlement Eliminates 1,500 Acres of Designated Dusky Gopher Frog Critical Habitat

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The U.S. Fish and Wildlife Service (Service) and a group of landowners recently settled long-running litigation regarding the Service’s designation of approximately 1,500 acres of private land as critical habitat for the...more

Farrell Fritz, P.C.

Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

Farrell Fritz, P.C. on

A recent ruling by the Appellate Division, Second Department, Matter of Coney Island Boardwalk Community Gardens v City of New York, concerned the fate of a parcel of land located at the Coney Island boardwalk. That parcel...more

Seyfarth Shaw LLP

Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context

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Seyfarth Synopsis: Satisfying Rule 23(b)(3)’s predominance requirement is undoubtedly a challenge when it comes to a nationwide class. Among the many issues that arise is the extent to which varying state laws can impact...more

Latham & Watkins LLP

California Court of Appeal Agrees Two Activities Constitute One CEQA Project

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CEQA Case Report: Understanding the Judicial Landscape for Development - In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part...more

Williams Mullen

Sue and Settle is Gone: EPA Administrator Revises EPA Litigation Policy

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A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental...more

Allen Matkins

California Environmental Law & Policy Update - September 2016

Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Carlton Fields

Federal Court Dismisses Claims Against Third-Party Administrator

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The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

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