Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of the problem was that those claims had been consolidated in this…
Reclassification of Major Sources as Area Sources: Northeast States for Coordinated Air Use Management Comments on U.S. Environmental Protection Agency Proposed Revisions
The Northeast States for Coordinated Air Use Management (“NESCAUM”) filed November 1st comments on the United States Environmental Protection Agency (“EPA”) proposed rule: Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act See 84 Fed. Reg. 36304 (July 26…
Plastic Pollution/Clean Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency for Failure to Identify Impaired Hawaiian Waters
The Center for Biological Diversity (“CBD”) sent an October 31st letter framed as a Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) for alleged violations of the Clean Water Act. The alleged violations are stated to be EPA’s failure to perform a…
Arkansas Hazardous Waste Programs: U.S. Environmental Protection Agency Announces $388,000 Grant
The United States Environmental Protection Agency (“EPA”) Region 6 Office in Dallas announced it was awarding $388,397 to the Arkansas Department of Environmental Quality (“ADEQ”). EPA states that the funding will support Arkansas programs to manage and reduce hazardous waste. EPA Regional…
Landfill/Class-Action: Federal Appellate Court Addresses Nuisance Claim
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in an October 30th opinion issues associated with a class-action lawsuit filed against a landfill. See Jing Gao, et al. v. Blue Ridge Landfill TX, L.P., 2019 WL 5653224. One of the issues considered was whether the…