The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency ("EPA") under section 319 of the Clean Water Act ("CWA") are "final agency actions" subject to judicial review under the...
Month: March 2012
Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward
In a recent opinion, Town of Windsor v. Avery Dennison Corp., 2012 U.S. Dist. LEXIS 27264 (S.D.N.Y. Mar. 1, 2012), the United States District Court for the Southern District of New York allowed a town's claims of strict liability for ultrahazardous activities and...
“Fracking NY” Blog Series: Part 6 – Courts Uphold Two Local Zoning Bans on Fracking in New York State – Town of Dryden (Part I)
So far in the "Fracking NY Blog Series," we've outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or "fracking"). We now turn to yet another layer of potential regulation of fracking in New...
