On June 3, 2020, the American Coatings Association (ACA), National Association of Manufacturers, Toy Association, National Association of Home Builders, and U.S. Chamber of Commerce filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) develop a risk management procedural rule […]
U.S. Supreme Court Affirms Creek Reservation Status, Upholding Treaty Obligations and Recognizing Indian Country for Jurisdictional Purposes The latest Supreme Court opinion on Indian law could have implications for jurisdiction over water rights administration and other natural resources in the West. In the 5-4 decision McGirt v. Oklahoma, No. 18-9526, […]
In an important victory for Colorado communities grappling with impacts of climate change, the Tenth Circuit on Tuesday, July 7, 2020 sided with plaintiffs the City of Boulder, Boulder County, and San Miguel County, and dismissed Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc. Affirming a […]
July 6, 2020 This Post was authored by Lisa Maeyer, a MGKF summer Litigation Blog On June 8, 2020, the Commonwealth Court of Pennsylvania affirmed a trial court’s holding that flooding from sewage overflows not resulting from intentional activity on the part of a sanitary authority did not constitute a […]
On July 2, 2020, the Tenth Circuit Court of Appeals rendered its decision in Sierra Club v. U.S. EPA, in which Sierra Club sought direct review of the Administrator’s decision in PacifiCorp Hunter Energy, previously discussed in NSR Law Blog. In the Hunter Energy decision, EPA Administrator Pruitt had held that title V objections are not […]