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Practice Area: Environmental

Mississippi Property Owners Not Required To Exhaust Administrative Remedies Before The Mississippi State Oil And Gas Board Prior To Bringing Suit

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In Petro Harvester Oil & Gas Co., LLC v. Baucum, No. 2019-IA-01442-SCT, 2021 WL 3418398 (Miss. Aug. 5, 2021), Mississippi property owners Tay and Deidra Baucum brought an action against Petro Harvester Oil & Gas Company (“Petro Harvester”) for improper use of its oil-disposal well located on neighboring land.  The Baucums brought trespass, public and…
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Less Shrimp For Louisiana Following Recent Regulation

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On August 11, 2021, Louisiana’s Attorney General filed a complaint against the National Marine Fisheries Service (“NMFS) to prevent implementation of recent regulations amending 50 C.F.R. § 223 related to sea turtle conservation. Louisiana State v. Department of Commerce et al, U.S. District Court for the Eastern District of Louisiana, No. 2:21-cv-01523.  The new rule requires…
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United States Supreme Court Holds Both State And Private Property Can Be Condemned By A Certificate Holding Natural Gas Company

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In PennEast Pipeline Company, LLC v. New Jersey, the Supreme Court of the United States (SCOTUS) defended the federal government’s ability to delegate its eminent domain power to a natural gas company.  No. 19-1039, 2021 WL 2653262, (U.S. June 29, 2021).  The Natural Gas Act (“NGA”) was passed by Congress in 1938 to regulate the…
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Federal Court Remands Unfair Trade Practices Lawsuit Against Exxon

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The United States District Court for the District of Connecticut has granted the state’s remand motion in its case against Exxon Mobil for allegedly misleading the public about connections between its products and climate change, as well as alleged interference with the marketplace for renewable energy and “greenwashing.”  Connecticut v. Exxon Mobil Corp., No. 3:20-cv-1555…
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Holcim Reaches Settlement Over Alleged Illegal Leachate Discharges

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On April 28, 2021, the Department of Justice lodged a proposed consent decree with the United States District Court for the Northern District of New York in the lawsuit entitled United States and State of New York v. Holcim (US) Inc., CV No. 1:21-cv-490.  The United States and the State of New York filed the…
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Supreme Court Dismisses Florida’s Case Against Georgia Over Water Use In The Apalachicola Chattahoochee Flint River Basin

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In an April 1, 2021 ruling, the U.S. Supreme Court unanimously dismissed Florida’s claims against Georgia in a long-running dispute over the use of water in the Apalachicola-Chattahoochee-Flint (ACF) river basin. State of Florida v. State of Georgia, 141 S.Ct. 1175 (2021).  The court rejected Florida’s request for an order requiring Georgia to reduce its…
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Navigable Waters Protection Rule Does Not Require Dismissal Of Cwa Case

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This Clean Water Act (CWA) case arose from the 2007 disposal of fill from Defendants’ property (containing purported wetlands) allegedly into “waters of the United States.”  United States v. Acquest Transit LLC, No. 09-CV-55S, 2021 WL 809984, at *13 (W.D.N.Y. Mar. 3, 2021).  The underlying issue is whether that property contained wetlands that are part of “waters of…
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Mississippi Federal District Court Rules Supreme Court Decision In Maui Does Not Apply To Toxic Spill In Clean Water Act Case

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Plaintiffs in Melton Properties, et al. v. Illinois Central Railroad, 2020 WL 7335018 (N.D. Miss.) recently argued the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), overrules the 5th Circuit’s precedent in Hamker v. Diamond, 756 F.2d 392 (5th Cir. 1995). Plaintiffs are property owners or farmers near the site…
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United States Supreme Court Will Hear A Case Seeking Guidance On The Applicable Statute Of Limitations In A Cercla Contribution Case

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The U.S. Supreme Court has agreed to hear litigation concerning which section of the law, and their different statutes of limitations, parties must use when seeking to recoup Superfund cleanup costs.  The case, Guam v. United States, Case No. 20-382, is slated to be heard in the Court’s upcoming term. In 2017, Guam sued the…
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Epa Issues Guidance Memorandum On County Of Maui’s Functional Equivalent Test

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The U.S. Environmental Protection Agency (EPA) has issued a Draft Guidance Memorandum following the recent U.S. Supreme Court decision in County of Maui v. Hawaii Wildlife Fund.  139 S.Ct. 1164 (2019).  This Guidance Memo attempts to give regulators and source owners additional clarity as to when the functional equivalent test should be applied.  County of…
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