By Andrew H. Perellis and Philip L. Comella
In an important decision concerning the application of the Resource Conservation and Recovery Act of 1976 (RCRA) criminal penalties, the U.S. Supreme Court recently held, in Southern Union Co. v. US, __ U.S. ___, 132 S.Ct. 2344, 2012 WL 2344465 (June 21, 2012), that the duration of misconduct underlying the imposition…
Continue Reading Supreme Court Holds that Jury, not Court, Must Decide Duration of Misconduct Underlying Criminal Fines under RCRA
By Andrew H. Perellis and Ilana R. Morady
On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).
The issue before the Court was whether two landowners could bring a…
Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners
By Andrew H. Perellis and Ilana R. Morady
On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject…
By William Dugan and Jennifer Riley
In one of the first court opinions applying Dukes v. Wal-Mart Stores, Inc, 2011 U.S. LEXIS 4567 (U.S. 2011), a Michigan state court ruled in Henry v. Dow Chemical Co., Case No. 03-47775 (Saginaw County, Mich.), that plaintiffs could not certify a class of property owners accusing Dow Chemical of negligently releasing
By Jeryl L. Olson and Eric E. Boyd
The United States Supreme Court today ruled unanimously that the Clean Air Act’s regulation of green house gases (GHGs) “displaces” federal common law public nuisance claims. American Electric Power Company, et al. v. Connecticut, et al., No. 1-174, 564 U.S. ___ ( 2011). The law suits addressed by the Court, begun…
