The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
Attorney Fees Awards Under the Clean Streams Law
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean
Continue Reading Attorney Fees Awards Under the Clean Streams Law
Using Florida’s Amended Summary Judgment Standard as a Weapon to Win
The Florida Rules of Civil Procedure aim “to secure the just, speedy, and inexpensive determination of every action and proceeding.” For a corporate defendant, the difficulty of obtaining summary judgment
Continue Reading Using Florida’s Amended Summary Judgment Standard as a Weapon to Win
9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating
There have been a series of recent high-profile legislative actions and media articles concerning attempts to ban natural gas appliances or natural gas service to consumers over alleged safety and
Continue Reading 9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating
Using Florida’s Amended Summary Judgment Standard in Litigation
“When you engage in actual fighting, if victory is long in coming, then men’s weapons will grow dull and their ardor will be damped.”
Sun Tzu, Art of
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Local Preemption and Wetlands in Massachusetts: An Update
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update
DEP’s Municipal Harbor Plan Regulations Invalid
The Massachusetts Supreme Judicial Court has ruled that the Department of Environmental Protection (DEP) did not have authority to give the Secretary of Environmental Affairs the power to approve municipal
Continue Reading DEP’s Municipal Harbor Plan Regulations Invalid
Storm Sewers and Impervious Cover in Maryland: A Further Update
The Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part
Continue Reading Storm Sewers and Impervious Cover in Maryland: A Further Update
Law.com Recognizes Steven C. Russo as ALM Litigator of the Week First Runner-Up
Congratulations to Steven C. Russo and the GT team who were named with Gibson, Dunn & Crutcher, and Pillsbury Winthrop Shaw Pittman as ALM Litigator of the Week First Runner
Continue Reading Law.com Recognizes Steven C. Russo as ALM Litigator of the Week First Runner-Up
UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E