Tag Archives: Supreme Court

Flint Michigan Lead-Tainted Water Class Action Allowed to Continue

The US Supreme Court has denied review of a July 2017 Sixth Circuit ruling that revived two federal class action lawsuits seeking redress for plaintiffs alleging injury as a result of the lead-tainted water crises in Flint, Michigan.  In addition to ensuring that the Flint, Michigan water crises remains active in the national conversation, the Supreme Court’s … Continue Reading

US Supreme Court Declines to Reconsider Key Agency Deference Standard

On March 19, 2018, the US Supreme Court denied a petition for writ of certiorari in Garco Construction, Inc. v. Speer.  In doing so, the Court declined an opportunity to revisit an important and controversial administrative deference standard, known as Auer or Seminole Rock deference, which requires courts to give “controlling weight” to an agency’s interpretation … Continue Reading

How Challengers Obtained the Stay that Put US EPA’s Clean Carbon Plan on Hold

On February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan requested by 29 states and state agencies, coal companies, utilities, and several trade associations. News of the order granting the stay spread like wildfire across the nation, having become a top news story overnight. The road to the historic … Continue Reading

US Supreme Court To Consider D.C. Circuit’s Ruling on USEPA’s MATS Rule

The US Supreme Court has granted a petition for certiorari in a case challenging USEPA’s Mercury and Air Toxics Standards (MATS), which set new emissions standards for new and existing coal- and oil-fired power plants.  As reported here in April, the US Court of Appeals for the D.C. Circuit upheld the standards after they were challenged by … Continue Reading

More questions than answers? The UK Supreme Court’s consideration of private nuisance in Coventry v Lawrence

In its recent judgement in the case of Coventry v Lawrence [2014] UKSC 13, the UK Supreme Court has discussed some of the key aspects of the private nuisance.  However, whilst their lordships have clarified certain elements of the tort, their judgements have raised further important questions. Factual background In 1975, planning permission was granted for … Continue Reading

US Supreme Court to Hear CERCLA Preemption Case

The US Supreme Court recently announced it will hear an appeal of the Fourth Circuit’s decision in Waldburger v. CTS Corp., No. 12-1290 (4th Cir. 2013) involving the preemption of state statutes of repose by Section 9658 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  In Waldburger, the Plaintiffs sued CTS Corporation for nuisance after discovering their lands were … Continue Reading
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