December 18, 2017
“Everybody has a plan . . . until they get punched in the face.” Mike Tyson.
In his prime, Mike Tyson created a crisis for opposing fighters. Many claimed to have a plan for dealing with Iron Mike, but the plan didn’t hold up under pressure. And Mike knew it.
Planning for a crisis is difficult, but necessary. Crises by their very nature are unexpected, so you cannot plan a detailed response in…
July 14, 2016
The United States Court of Appeals for the Fourth Circuit has unanimously upheld the Army Corps of Engineers’ issuance of a Clean Water Act § 404 permit to Raven Crest Contracting, LLC, a subsidiary of White Forest Resources, Inc.
On August 10, 2012, the Corps issued a § 404 “dredge and fill permit” to Raven Crest for its Boone North No. 5 Surface Mine in Boone County, West Virginia. The Ohio…
July 27, 2015
We have previously reported on Murray Energys action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the Clean Air Act.
Recently, the District…
July 2, 2015
On Monday, in an opinion written by Justice Antonin Scalia, the U.S. Supreme Court ruled that the Environmental Protection Agency “strayed far beyond [the] bounds” of reasonableness by not considering costs in its decision to regulate emissions of hazardous air pollutants from fossil fuel-fired power plants. The case, Michigan vs. EPA, was decided 5-4, with Justices Scalia, Roberts, Kennedy,…
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