The U.S. Environmental Protection Agency (“EPA”) took two actions designed to reduce methane emissions from municipal solid waste landfills. First, the EPA issued final New Source Performance Standards (“NSPS”) for new landfills. Second, the EPA issued revised emission guidelines for reducing emissions from existing landfills. Both actions updated regulations that had been issued in 1996. […]Read more "The EPA Issues Rules to Reduce Methane Emissions from Landfills"
The U.S. Court of Appeals for the 5th Circuit issued a stay to prevent the EPA’s regional haze plan for Texas from taking effect. The stay will allow the Texas haze program to remain in effect until the 5th Circuit issues a final ruling on Texas’s challenge to EPA’s action. In granting the stay, the […]Read more "U.S. 5th Circuit Court of Appeals Halts EPA’s Regional Haze Plan for Texas"
The U. S. Court of Appeals for the 5th Circuit affirmed a lower court decision, agreeing that the plaintiff did not have adequate proof that gasoline exposure could cause leukemia. In Burst v. Shell, the 5th Circuit made clear that courts must insist on rigorous proof in order to link chemical exposure to disease. General […]Read more "U.S. 5th Circuit Court of Appeals: No Proof That Gasoline Exposure Leads to Leukemia"
For projects not yet built, nuisance damages are not recoverable and injunctions are difficult to obtainRead more "Texas Appellate Court Says No Prospective Damages and No Injunction in Ashby High Rise Nuisance Case"