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Newsletter Articles

Justices Hear Challenge to EPA’s Authority to Regulate Greenhouse Gas Emissions

March 3, 2014

On February 24th, the U.S. Supreme Court heard oral argument in Utility Air Regulatory Group v. EPA,[1] a case that has the potential to narrow EPA’s authority to regulate emissions of greenhouse gases (GHGs) from stationary sources, such as power plants and factories, under the Clean Air Act. More

Clean Air Act: Ninth Circuit Adopts High Bar For Standing In Greenhouse Gas Citizen Suits

February 10, 2014

The Ninth Circuit has let stand a ruling that could sharply limit the availability of Clean Air Act citizen suits to address greenhouse gas (GHG) emissions, denying en banc review in Washington Environmental Council v. More

Insurers Cannot Use Subrogation to Recover Cleanup Costs Paid to an Insured From Other PRPs

February 10, 2014

The U.S. Supreme Court has written the last chapter in a years-long effort by an insurance company to recover money paid to an insured from other PRPs in a CERCLA case under a subrogation theory. More

Recent Developments Regarding Avian Take at Wind Farms

January 27, 2014

A series of recent announcements from the federal government related to avian “take” at wind farms demonstrates the need for wind project proponents to coordinate with the Department of the Interior (Interior) and other agencies early in the development of new wind projects to mitigate potential impacts to eagles and other migratory birds. More

Split in Washington State Climate Workgroup Recommendations Shows Challenges in Moving Climate Policy Forward

January 27, 2014

Washington’s Climate Legislative and Executive Workgroup issued majority and minority reports on January 21, 2014, with a party line split on the direction the State should take to reduce its greenhouse gas emissions. More

MTCA: Washington State Amends Its Cleanup Law

December 1, 2013

Earlier this year, Washington State enacted the most comprehensive rewrite of its state cleanup law in a decade.[1] The amendments to the Model Toxics Control Act (MTCA), Substitute Senate Bill (SSB) 5296, are aimed at expediting and streamlining routine cleanups, incentivizing and assisting regional development efforts in brownfield areas, overhauling the a More

Climate Change: Carbon Market Improves in California as Offsets Are Issued, Auctions Are Upheld

December 1, 2013

The “cap-and-trade” system enacted under California’s Global Warming Solution Act of 2006 (“AB 32”) aims to reduce greenhouse gas (“GHG”) emissions in that state to 1990 levels by the year 2020. Two developments in the last month have moved the cap-and-trade system closer to becoming fully operational. More

Sackett: Successful Pre-Enforcement Challenge Brought to CWA Order

November 18, 2013

Just a year and a half ago, the U.S. Supreme Court struck down the bar on pre-enforcement review of EPA Clean Water Act (“CWA”) enforcement orders in Sackett v. EPA.[1] Government and industry lawyers have been debating the significance of that decision ever since. More