In West Virginia v. EPA (June 30, 2022), the Supreme Court ruled In a 6–3 decision that Congress did not grant the EPA the authority to create emission caps. In doing so the Court skirted the long held policy of courts deferring to administrative agencies interpreting their own rules, regulations and implementing statutes. Under the […]
In its 2022 Fall Term the United States Supreme Court will again address the scope of the Clean Water Act (CWA). Sackett v. USEPA, a long running dispute between the Sacketts and the USEPA over the reach of the CWA and private property rights is making its second appearance on the Court’s docket. The Sacketts
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Public Participation is the Sword of Damocles and often the Achilles Heel in a CERCLA cost recovery action. The National Contingency Plan (NCP) is CERCLA’s way of ensuring the public has an opportunity to meaningfully participate in the design, development and implementation of a site remedial plan. Oftentimes the party seeking cost recovery to its own detriment shunts NCP
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