Ohio Valley Environmental Coalition Inc. v. U.S. Army Corps of Engineers (Lawyers Weekly No. 001-122-16, 19 pp.) (Duncan, J.) No. 14-2129, July 8, 2016; USDC at Charleston, W.Va. (Copenhaver, J.) 4th Cir. Holding: The 4th Circuit upholds a district court ...

Tagged with: Environmental

RICHMOND, Va. (AP) — Potentially cleaner rivers or possible higher electric prices. That is what’s at stake in an upcoming federal court ruling in Virginia that could have far-reaching effects on how energy companies dispose of the waste known as ...

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Clean Air Carolina v. North Carolina Department of Transportation (Lawyers Weekly No. 15-02-0902, 31 pp.) (James Dever III, C.J.) 5:14-cv-00863; E.D.N.C. Holding: Even though Transportation System Management improvements have raised the average peak speed on U.S. Highway 74 considerably, the ...

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Rose Acre Farms, Inc. v. North Carolina Department of Environment & Natural Resources (Lawyers Weekly No. 15-02-0777, 18 pp.) (James Dever III, C.J.) 5:14-cv-00147; E.D.N.C. Holding: Since Congress chose state courts to be the means by which parties may challenge ...

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House of Raeford Farms, Inc. v. North Carolina Department of Environment & Natural Resources (Lawyers Weekly No. 15-07-0725, 26 pp.) (John Tyson, J.) Appealed from Duplin County Superior Court (John Nobles Jr., J.) N.C. App. Holding: Even though respondent showed ...

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Goldfarb v. Mayor and City Council of Baltimore (Lawyers Weekly No. 15-01-0687, 40 pp.) (Agee, J.) No. 14-1825, July 1, 2015; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: In plaintiff Maryland residents’ suit under the Resources Conservation and ...

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South Carolina Coastal Conservation League v. U.S. Army Corps of Engineers (Lawyers Weekly No. 15-01-0636, 22 pp.) (Hamilton, J.) No. 14-1796, June 17, 2015; USDC at Charleston, S.C. (Gergel, J.) 4th Cir. Holding: The 4th Circuit says a district court ...

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Cape Fear River Watch v. North Carolina Environmental Management Commission (Lawyers Weekly No. 15-06-0597, 14 pp.) (Sam Ervin IV, J.) (Robert Edmunds Jr., J., not participating) Appealed from Wake County Superior Court (Paul Ridgeway, J.) N.C. S. Ct. Holding: The ...

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Consolidation Coal Co. v. Georgia Power Co. (Lawyers Weekly No. 15-01-0270, 62 pp.) (Agee, J.) No. 13-1603, March 20, 2015; USDC at Raleigh, N.C. (Flanagan, J.) 4th Cir. Holding: In a split panel decision, the 4th Circuit affirms summary judgment ...

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Alt v. U.S. Environmental Protection Agency (Lawyers Weekly No. 14-01-0706, 10 pp.) (Traxler, J.) No. 13-2200, July 14, 2014; USDC at Elkins, W.Va. (Bailey, J.) 4th Cir. Holding: In a West Virginia chicken farmer’s suit challenging the EPA’s enforcement action ...

Tagged with: Environmental Litigation