Someone forgot to tell the Third Circuit that we are nearing the end of August. Instead of binging on Danielle Steel novels at the beach, the court last week was busy turning out not one, not two, but three precedential … Continue reading
Tag Archives: Third Circuit
Third Circuit dishes up Section 126(b) hors d’ouvre while everyone waits to learn whether a CSAPR entree is on the menu
Late last week, in GenOn REMA, LLC v. EPA, No. 12-1022 (3d Cir., Opinion filed July 12, 2013), the U.S. Court of Appeals for the Third Circuit upheld a rule imposing emissions limits and compliance schedules on a single Pennsylvania coal-fired power plant. … Continue reading
Third Circuit decision on Rule 68 “offers of judgment” may add a page to the defense bar’s environmental citizen suit playbook
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion that may encourage defendants in environmental citizen suits to make greater use of the “offer of judgment” tool fashioned by Rule 68 of the Federal Rules of Civil Procedure, which … Continue reading
Go directly to Circuit Court. Do not pass the EHB. (But do collect permits from DEP.)
Earlier this month, the United States District Court for the Middle District of Pennsylvania held that Section 717b(d) of the Natural Gas Act (NGA), 15 U.S.C. § 717b(d), authorizes states to continue issuing permits under the federal Clean Water Act … Continue reading