Tribal Sovereign Immunity: Ninth Circuit Dismisses Environmental Challenge to Navajo Coal Mining In a decision with potentially far-reaching implications for future litigation affecting tribal property, the Ninth Circuit dismissed on sovereign immunity grounds an environmental challenge to reauthorization of coal mining activities on land reserved to the Navajo Nation. The […]
United States Dismisses Fifth Circuit Luminant Appeal – Update from Jorden, Hiser & Joy, PLC
United States Dismisses Fifth Circuit Luminant Appeal August 14, 2019 – Eric L. Hiser Less than one month after Luminant Generation won its motion for rehearing en banc in United States v. Luminant Generation Co., the United States filed a motion to dismiss the appeal and, on August 9, 2019, the Fifth […]
EPA Draft Risk Evaluation for 1-BP Finds Unreasonable Risks to Workers, Occupational Non-Users, Consumers, and Bystanders under Certain Specific Uses The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the […]
On April 4, 2019, the Supreme Court of Canada denied the Ecuadorian plaintiffs leave to appeal from an Ontario Court of Appeal decision. By denying leave, the Supreme Court ended the Ecuadorians’ pursuit to enforce, through Chevron Canada Limited, a $9.5 billion Ecuadorian judgment against Chevron Corporation. Click here to […]
Fri Aug 9th, On Environmental Law, by Julieanne Nguyen On April 23, 2019, the United States Environmental Protection Agency (EPA) released an interpretative statement to clarify whether the permit program under the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) applies to pollutants released from point source to […]