Oct 4, 2022

First Circuit Rules Federal Clean Water Act Citizen Plaintiffs Are Not Completely Trumped by Past or Pending EPA or State Agency Administrative Enforcement Against the Violator – Update from McGregor, Legere & Stevens, PC

Written by Gregor I. McGregor, Esq. Can citizen plaintiffs in federal court sue the same violator for the same water pollution violation against which the U.S Environmental Protection Agency (EPA) or state agency is taking or has taken administrative enforcement?  The answer to the question is yes, as long as the […]

Oct 4, 2022

Federal Court Dismisses all but CERCLA Cost Recovery Claim in Challenge to McClellan Air Force Base Clean-Up – Update from Manko Gold Katcher Fox

September 29, 2022 Alice F. Douglas MGKF Litigation Blog In Rio Linda Elverta Cmty. Water Dist. v. United States, No. 2:17-CV-01349, 2022 WL 3567143 (E.D. Cal. Aug. 18, 2022), the Honorable Kimberly J. Mueller, Chief Judge for the United States District Court for the Eastern District of California, dismissed  two California […]

Sep 26, 2022

Outdoor Advertising, the First Amendment, and Free Speech: The Supreme Court Refines the Case of Reed v. Gilbert by its Decision in Austin v. Reagan – Update from McGregor Legere & Stevens, PC

Written by Gregor I. McGregor, Esq. The City of Austin, Texas regulates signs that advertise things not located on the same premises as the sign, and signs directing readers to offsite locations, all known as “off-premises signs.” The City’s sign code prohibited construction of new off-premises signs, but gave existing signs […]

Sep 23, 2022

New guidance on Ozone and Fine Particulate modeling – Update from Hiser Joy

Posted by Eric L. Hiser, 10 min On July 29, 2022, EPA’s Air Quality Assessment Division and Air Quality Policy Division jointly issued new guidance, Guidance for Ozone and Fine Particulate Matter Permit Modeling, addressing how in final form to state, local and tribal permitting authorities and the public. The […]

Sep 22, 2022

Supreme Court Strikes Down the City of Boston’s Flag-Flying Practice at City Hall Plaza as Going Over a Bright Line Between Rightful Control of Government Speech and Relaxed Regulation of Private Speech – update from McGregor Legere & Stevens, PC

Written by Gregor I. McGregor, Esq. In the case of Shurtleff v. City of Boston, (May 2, 2022), the U.S. Supreme Court held that the City of Boston’s flag-raising program did not constitute government speech. Consequently, the City’s refusal to allow the petitioners to fly their flag because of its religious viewpoint […]