Fifth Circuit Remands Baytown Penalty for Standing Inquiry In a surprising move, the Fifth Circuit Court of Appeals in Environmental Texas Citizen Lobby, Inc. v. ExxonMobil Corp. remanded back to the district court a $19.95 million civil penalty against ExxonMobile for 16,386 days of various violations at its Baytown facility in Texas. The Fifth […]
July 29, 2020 Colorado State Engineer Relaxes Position on Requirements for Adjudicating Out-of-Priority Diversions In Colorado, the State Engineer has added flexibility to perfecting junior conditional water rights. Under a Written Instruction issued by the Colorado State Engineer on July 21, 2020, Division of Water Resources officials who participate in […]
On July 28, 2020, the House Energy and Commerce Subcommittee on Environment and Climate Change held an oversight hearing entitled “There’s Something in the Water: Reforming Our Nation’s Drinking Water Standards.” The hearing concentrated on the Safe Drinking Water Act (SDWA) and the provisions of its standard-setting process as administered […]
Written by Nathaniel Stevens, Esq. On March 24, 2020, Governor Baker issued COVID-19 Order No. 17: “Order Suspending State Permitting Deadlines and Extending the Validity of State Permits”, which, among other things, gave state agencies additional time to act on pending or new permit applications and conduct administrative hearings. This Order […]
Written by Nathaniel Stevens, Esq. A June 15, 2020 opinion of the Massachusetts Appeals Court reminds building inspectors and other municipal officials of the trilogy of remedies to assess money penalties for zoning and building code violations and to be sure to follow the proper procedures. There are lessons as well […]