Public Interest Group Can’t Stand Up To Wal-Mart
A recent decision from the Appellate Division of the Supreme Court of New York reminds that one should never take for granted any procedural matter and, in particular, standing to sue. In Clean Water...
View ArticleArmy Corps’ Jurisdictional Determination Is Not A Final Agency Action Within...
The U.S. District Court for the Middle District of Louisiana recently ruled that an U.S. Army Corps of Engineers’ approved jurisdictional determination finding wetlands subject to the Clean Water Act...
View ArticleCWA Pre-Suit Notice Must Be Specific, But Not That Specific
On March 13, 2013, the First Circuit issued its opinion in Paolino v. JF Realty, LLC, No. 12-2031 (1st Cir. Marc. 13, 2013), reversing in part the District Court’s dismissal of a Citizen’s Suit brought...
View ArticleWho Goes There? NJ Supreme Court Holds that NJDEP Cannot Conduct...
Relying on the United States Constitution’s Fourth Amendment protection against unreasonable search and seizure, yesterday the New Jersey Supreme Court , in NJDEP v. Huber, ___ N.J. ____ (Apr. 4,...
View ArticleButler Decision Reversed And All Is Right With The World
In September of 2011, we first posted about the case of Butler v. Estate of Powers in which the Pennsylvania Supreme Court reversed a Pennsylvania trial court decision holding that, under long-standing...
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