Morgan Lewis

Environmental Publications of Interest

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11/22/11 Facing Shutdowns, Coal Power Braces for EPA Air Rules, Law360
Christopher McAuliffe is quoted.
04/26/10 Morgan Lewis Advises Apollo Global Management on $1 Billion Acquisition of CKE Restaurants
CKE Restaurants, Inc. announced that it has entered into a definitive merger agreement to be acquired by an affiliate of Apollo Global Management, a leading global alternative asset manager.
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Agencies and Statutes

We provide full-service regulatory, litigation—civil and criminal, transactional, and insurance recovery representation in environmental matters arising from federal and state statutory requirements, agency regulatory programs, and common law. Our attorneys work with all major environmental agencies and statutes, including:

  • Clean Air Act
  • Clean Water Act
  • Coastal Zone Management Act
  • Community Right-to-Know Act
  • Comprehensive Environmental Response, Compensation, and Liability Act (Superfund)
  • Emergency Planning and Community Right-to-Know Act
  • Endangered Species Act
  • Federal Insecticide, Fungicide, and Rodenticide Act
  • Lacey Act
  • National Environmental Policy Act
  • Oil Pollution Act
  • Resource Conservation and Recovery Act
  • Safe Drinking Water Act
  • Toxic Substances Control Act
  • California Environmental Quality Act
  • California Global Warming Solutions Act
  • California Proposition 65
  • New Jersey Industrial Site Recovery Act
  • National Transportation Safety Board
  • U.S. Army Corps of Engineers
  • U.S. Chemical Safety Board
  • U.S. Coast Guard
  • U.S. Department of the Interior (including U.S. Fish and Wildlife Service)
  • U.S. Department of Labor (including Occupational Safety and Health Administration)
  • U.S. Department of Justice (including Environment Division, U.S. Attorneys offices, FBI)
  • U.S. Environmental Protection Agency
  • California Environmental Protection Agency
  • New Jersey Department of Environmental Protection
  • Pennsylvania Department of Environmental Protection
  • Texas Commission on Environmental Quality
124 Publications Found
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01/12/12 Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges

LawFlash/Client Alert | Environmental LawFlash
Michael Steinberg

D.C. Circuit awards attorneys' fees to intervenors whose issues were not addressed in and whose participation had no effect on the litigation.

09/14/11 Obama Administration Withdraws Draft Ozone Ambient Air Quality Standards and Reinstates 2008 Standards

LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, Christopher McAuliffe, Ronald Tenpas, William Lewis, Jr.

President Obama announced on September 2 that his administration was withdrawing the draft ozone ambient air quality standards that the U.S. Environmental Protection Agency (EPA) had prepared and was in the process of issuing as... more

06/22/11 Potential Disclosure Regimes In the Hydraulic Fracturing Industry, Westlaw Journal: Environmental

Outside Publication | Article
Ronald Tenpas, Alex Polonsky

06/21/11 Supreme Court Changes the Climate on Greenhouse Gas Suits

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

Yesterday, the U.S. Supreme Court issued its much-anticipated decision in American Electric Power Co. v. Connecticut , reviewing whether federal common law would support a claim that greenhouse gas emissions could give rise to ... more

04/01/11 EPA Proposes Standards for Cooling Water Intake Structures at Existing Facilities

LawFlash/Client Alert | Environmental LawFlash
Christopher McAuliffe, Ronald Tenpas

On March 28, the U.S. Environmental Protection Agency (EPA) issued proposed regulations under section 316(b) of the Clean Water Act that set standards applicable to cooling water intake structures for the protection of aquatic o... more

03/01/11 FOLLOW-UP: EPA Postpones Greenhouse Gas Reporting Deadline

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

The U.S. Environmental Protection Agency (EPA) announced today that it is postponing the March 31 deadline for submitting the first greenhouse gas emission reports under the Mandatory Greenhouse Gas Reporting Rule (Mandatory Rep... more

02/28/11 Greenhouse Gas Reporting Deadline Approaches for Most Subject Industries

LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, William Lewis, Jr., Ronald Tenpas, Christopher McAuliffe

March 31, 2011 is the deadline for the first annual reports due under the Mandatory Reporting for Greenhouse Gas Emissions Rule (Mandatory Reporting Rule or the Rule) that the U.S. Environmental Protection Agency (EPA) published... more

01/03/11 EPA to Issue Greenhouse Gas New Source Performance Standards for Electric Generation and Petroleum Refinery Sectors

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On December 23, 2010, the U.S. Environmental Protection Agency (EPA) announced that it has reached settlement agreements with certain states and environmental groups to propose standards and guidelines to control greenhouse ga... more

12/13/10 Supreme Climate Change Battle

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

Setting the stage for what promises to be a blockbuster environmental case, the U.S. Supreme Court on December 6 agreed to hear a challenge to a Second Circuit decision allowing plaintiffs to maintain a public nuisance lawsuit a... more

12/03/10 EPA Releases Interim Guidance on Institutional Controls for Public Comment

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On November 30, the U.S. Environmental Protection Agency (EPA) published notice of its interim final guidance, "Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Cont... more

10/07/10 FTC Releases Proposed "Green Guides" Revisions

LawFlash/Client Alert | Cross-Practice Alert
Stephen Mahinka, Karen Butcher

After almost three years of review and analysis, the Federal Trade Commission (FTC) on October 6 released proposed revisions to its Guides for the Use of Environmental Marketing Claims, generally termed the "Green Guides" (the G... more

05/17/10 EPA Issues Final Rule Tailoring Greenhouse Gas Permitting Requirements Under the Clean Air Act

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On May 13, the Environmental Protection Agency (EPA) issued a final rule (Tailoring Rule) that addresses Clean Air Act (CAA) permitting requirements for greenhouse gas (GHG) emissions. EPA's Tailoring Rule-the fourth action in ... more

04/08/10 Environmental Warranties for Carbon Emissions: New Regulations and Developing Legal Trends, presented at a Strafford Publications Teleconference

Presentation | Speech
Troy Brown

03/17/10 Federal Contractors to Be Evaluated on Compliance with Labor, Environmental, and Tax Laws

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Obama administration is expected to present a new system for evaluating, and giving preference to, federal contractors based on their record of compliance with labor, environmental, tax, and other laws . This sweeping additi... more

02/16/10 A Revised Lacey Act: Criminal Exposure from Trading in Illegal Wood Products, BNA's Daily Environment Report

Outside Publication | Article
Ronald Tenpas

02/04/10 SEC Interpretive Guidance Addresses Climate Change Disclosure Requirements

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On February 2, the Securities and Exchange Commission (SEC) issued interpretive guidance [1] for public companies regarding the application of the SEC's existing disclosure requirements to c... more

February 2010 The New Frontier of Cross-Border Enforcement, Environmental Law Institute's News & Analysis

Outside Publication | Article
Ronald Tenpas

01/04/10 EPA Targets Power and Manufacturing Industries for New Financial Assurance Requirements: Electric Power, Petroleum and Coal Products Manufacturing, and Chemical Manufacturing Affected

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On December 30, 2009, the U.S. Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPR) that identified three industry sectors for which the agency will develop new financial assurance require... more

12/17/09 EPA Finds That Carbon Dioxide and Other Greenhouse Gases Constitute a Threat to Public Health and Welfare

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On December 7, the Environmental Protection Agency (EPA or Agency) announced that six greenhouse gases taken in combination endanger both public health and welfare. The Agency also found that the combined emissions of these gre... more

10/20/09 EPA to Increase Clean Water Act Enforcement Activities

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On October 15, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson described the agency's plan to increase enforcement efforts under the Clean Water Act. In testimony before the U.S. House Committee on Tran... more

10/15/09 EPA Announces Guidance Relating to PCBs in Caulk of Buildings Constructed or Renovated Between 1950 and 1978

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 25, the Environmental Protection Agency (EPA) announced new guidance for school administrators and building managers with recommendations for managing polychlorinated biphenyls (PCBs) in caulk and information to hel... more

10/08/09 EPA Unveils New Framework for Chemical Management Reform

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

During a September 30 speech in San Francisco, Environmental Protection Agency (EPA) Administrator Lisa Jackson announced EPA's plan to work with Congress on legislation that would strengthen the Toxic Substances Control Act of ... more

10/07/09 EPA Releases Proposal to Regulate Greenhouse Gases Under the Clean Air Act’s Title V and PSD Programs

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 30, the U.S. Environmental Protection Agency (EPA) issued a proposal describing how it intends to regulate greenhouse gas (GHG) emissions under the Clean Air Act's (CAA) Title V and Prevention of Significant Deterio... more

10/02/09 Second Circuit Rules that Climate Change Nuisance Action May Proceed Under “Federal Common Law”

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 21, the U.S. Court of Appeals for the Second Circuit reinstated two lawsuits filed by eight states, New York City, and three environmental groups that allege that the carbon dioxide emissions from six electric pow... more

09/30/09 The First 48 Hours: Critical Decisions to Get Right During an Environmental Crisis

Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare

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