Does federal law prevent enforcement of certain aspects of motor carrier-related contracts used by the Port of Los Angeles?
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FactsThe Port of Los Angeles (POLA) is the busiest...
environmental law
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[Questions Presented][Issue][Facts][Discussion][Analysis]Issue
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Overview
The Comprehensive Environmental Response, Compensation and Liability Act is better known as CERCLA. It is codified in 42 U.S.C. Chapter 103.
Also known as "Superfund," CERCLA is aimed at cleaning up sites contaminated with hazardous...
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In 1972, Congress passed 33 U.S.C. § 1251, or the Clean Water Act (“CWA” or “Act”), to preserve the “Nation’s waters” by prohibiting the “discharge of any pollutant” unless certain requirements in the Act are met. Hawai'i Wildlife Fund v. Maui (...
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The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without a National Pollutant Discharge Elimination System (“NPDES”) permit. The Act defines a “point source” as “any...
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Industry diverts billions of gallons of water a day into water-intake coolant systems in order to cool industrial equipment and also to generate power. See Riverkeeper, Inc. v. EPA, 358 F.3d 174, 181 (2d. Cir. 2004). Though this water is returned to...
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In 1988, Duke Energy Corporation (“Duke”), which provides energy to customers in North and South Carolina, began the process of upgrading coal-fired generators in eight of its plants. Environmental Defense v. Duke Energy, 411 F.3d 539, 542 (4th Cir....
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Overview
Environmental law refers to a variety of protections which share the goal of protecting the environment.
Federal LawThe National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act and...
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Facts
In passing the Clean Air Act, Congress empowered the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS), the maximum permissible levels of common pollutants released into the air. See EME Homer City...
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[Question(s) presented]
[Issue(s)]
[Facts]
[Discussion]
[Analysis]
Issue(s)
Whether the constitutional standards set out in Nollan and Dolan apply so that the government can be held liable for an improper taking when the government refuses...
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After rainstorms, unabsorbed stormwater that flows over urban areas collects pollution, ultimately carrying it into rivers and oceans. Natural Res. Def. Council, Inc. v. County of Los Angeles (“NRDC”), 673 F.3d 880, 883-84 (9th Cir. 2011). Under the...