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Full-Text Articles in Law
Environmental Law, Travis M. Trimble
Environmental Law, Travis M. Trimble
Scholarly Works
Notable cases decided in the United States Court of Appeals for the Eleventh Circuit in 2019 all arose out of disputes that originated under the Clean Water Act (CWA). The Eleventh Circuit held that, in preparing an Environmental Impact Statement (EIS) in connection with its decision to issue a dredge and fill permit under Section 404 of the CWA, the Corps of Engineers (Corps) was not required to consider potentially negative environmental effects resulting from activity made possible by the permit where the agency had no authority independently to regulate the effects. The court also held that the Environmental Protection …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2017, district courts decided several issues that the United States Court of Appeals for the Eleventh Circuit had never addressed. The United States District Court for the Middle District of Georgia concluded that the Clean Water Act's (CWA) prohibition on the discharge of pollutants into waters of the United States without a permit extended to discharges into groundwater with a "direct hydrological connection" to surface waters within the Act's scope. The court also concluded that a state-permitted land application system, whereby wastewater is sprayed onto fields as means of treatment and disposal, constituted a "point source" within the meaning …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2016, the United States Court of Appeals for the Eleventh Circuit addressed, for the second time, whether the Army Corps of Engineers (Corps) acted arbitrarily when it issued Nationwide Permit 21 (NWP 21), which authorizes dredge and fill activities by surface mining operations and applies differing standards to grandfathered operations and new operations. The court held that the Corps did not, and it upheld the permit. Also, the Eleventh Circuit held that the National Park Service did not act improperly under the Wilderness Act when it reduced the number of acres it considered to be eligible for designation as …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2015, the United States Court of Appeals for the Eleventh Circuit decided novel issues in two cases under the Clean Water Act (CWA). In Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, the court held remand of a Corps of Engineers permitting decision for reconsideration without also vacating the permit is a remedy within the court's discretion and was appropriate under the circumstances. In Riverkeeper v. U.S. Environmental Protection Agency, the court held appellate review of a non-final response by the Environmental Protection Agency (EPA) to a petition to withdraw Alabama's authority to administer the National Pollution …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2014, the United States Court of Appeals for the Eleventh Circuit, addressing an issue of first impression, rejected the district court's use of a Lone Pine case-management order as a means of testing the sufficiency of the plaintiffs' pleadings in a state law environmental torts case. The court also interpreted Florida law to mean that plaintiffs are not required to allege that groundwater contamination exceeded regulatory maximum contaminant levels for drinking water to maintain their claims and that they could recover "stigma" damages to their property without alleging actual contamination. The United States District Court for the Middle District …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2012, the United States Court of Appeals for the Eleventh Circuit, deciding an issue of first impression, held that a party that enters a consent order to settle potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not entitled to pursue a cost recovery action against other potentially responsible parties under section 1073 of the Act, but may only seek contribution from those parties under section 113(f) of the Act. The court also affirmed a decision by the Bureau of Ocean Energy Manage- ment to approve an exploration plan for oil and gas drilling in …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
The United States Court of Appeals for the Eleventh Circuit decided cases in 2008 that addressed the scope of agency discretion in several contexts. In an issue of first impression under the Clean Air Act (CAA), the court held that the Environmental Protection Agency (EPA) properly exercised its discretion in not objecting to the issuance of an operating permit to a power company that the agency had earlier formally accused of violating the CAA. In another case, the court held that the Federal Emergency Management Agency had the discretion to protect endangered species while administering the National Flood Insurance Act …
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
LLM Theses and Essays
As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …