Wed Feb 3rd, On Environmental Law, by Bick Law LLP
EPA’s Clean Power Plan calls for existing power plants to cut carbon emissions by 32 percent from 2005 levels by 2030. States must start submitting implementation plans by 2018 and start showing emissions reductions by 2022. Industry representatives challenged the rule arguing the EPA doesn’t have the authority under the Clean Air Act to craft the rule. The petitioners requested a stay of its implementation until the challenge could be […]
Wed Jan 27th, On Environmental Law, by Bick Law LLP
On Tuesday, January 19, 2016, President Obama vetoed the U.S. Senate’s resolution, S.J. 22, to nullify the U.S. Environmental Protection Agency‘s Clean Water Rule (Waters of the United States or “WOTUS”). On Thursday, January 21, 2016, the U.S. Senate’s effort to override the veto failed. The vote on the override was 52-40. The Senate needed 60 votes to move forward to a final vote, which then would have required 67 […]
Wed Jan 20th, On Environmental Law, by Bick Law LLP
The Supreme Court has agreed to address a split among U.S. Courts of Appeal regarding whether “jurisdictional determinations” by the U.S. Army Corps of Engineers under the Clean Water Act (“CWA”) are final agency actions subject to judicial review. The Supreme Court’s resolution of this issue will have important implications for landowners, developers, and regulators who may be given the opportunity to obtain more definitive answers from the courts on […]
Mon Jan 11th, On Environmental Law, by Bick Law LLP
Can PRPs avail themselves of the divisibility defense to avoid CERCLA’s joint and several liability in the complex setting of a contaminated river sediments Superfund site, following the Fox River Litigation. In May 2015, the Eastern District of Wisconsin district court agreed with NCR that its liability for a portion of the site was divisible, and not joint and several. Then, in October 2015, the same court reversed its holding […]
