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Lawrence Hurley News

26 Jul 2021

A Win for Florida: Appeals Court Lifts CDC Cruise Ship Restrictions

Credit: Solarisys/AdobeStock

A federal appeals court late on Friday reversed course and let stand a lower court order prohibiting the U.S. Centers for Disease Control and Prevention (CDC) from enforcing coronavirus-related cruise ship rules in Florida.The decision is a win for Florida that had filed a lawsuit arguing the CDC curbs made it tough for the cruise industry to recover from the pandemic.The 11th Circuit Court of Appeals in Atlanta had only on Saturday voted 2-1 to block the lower court decision.But in its latest brief statement…

30 May 2014

BP Tries Again to Sidestep GoM Spill Payments

BP Plc has asked U.S. Supreme Court Justice Antonin Scalia to allow the company to avoid making payments to businesses demanding compensation for the 2010 Gulf of Mexico oil spill while litigation continues. The company acted after the New Orleans-based 5th U.S. Circuit Court of Appeals lifted an injunction earlier in the day that had prevented payments being made. Last week, the court had decided not to revisit a decision rejecting BP's bid to block payments to businesses that could not trace their economic losses to the disaster. Judge Scalia, who has responsibility for emergency applications arising from the 5th Circuit, can either act on BP's request himself or refer the matter to the nine-member court as a whole. There is no specific deadline by which the court must act.

29 Apr 2014

US Top Court Upholds Cross-State Air Pollution Rule

The U.S. Supreme Court handed President Barack Obama a victory on Tuesday by upholding a federal environmental regulation requiring some states to limit pollution that contributes to unhealthy air in neighboring states. By a 6-2 vote, the court said the U.S. Environmental Protection Agency acted reasonably in requiring 28 states to reduce emissions from coal-fired power plants of sulfur dioxide and nitrogen oxides, which can lead to soot and smog. Writing for the majority, Justice Ruth Bader Ginsburg called the EPA rule a cost-effective way to allocate responsibility for emission reductions among upwind states, and that the EPA need not consider each state's proportionate responsibility for the emissions in question.

21 Apr 2014

U.S. Supreme Court Declines Exxon Mobil Appeal

The U.S. Supreme Court on Monday declined to review a ruling against Exxon Mobil Corp that ordered the company to pay $105 million in damages for polluting New York City's groundwater with a toxic gasoline additive. The decision not to hear the case leaves intact a July 2 U.S. Circuit Court of Appeals ruling that upheld the judgment. In 2009, a jury concluded that Exxon contaminated water supply wells when the additive, methyl tertiary butyl ether (MTBE), leaked from its underground storage tanks in the borough of Queens.

24 Feb 2014

Justices Question Obama Climate Change Regulations

The U.S. Supreme Court appeared closely divided on Monday as it weighed whether the administration of President Barack Obama exceeded its authority when crafting the nation's first greenhouse gas emissions regulations. Justice Anthony Kennedy could hold the swing vote on the nine-member high court, with conservative justices skeptical of the U.S. Environmental Protection Agency's (EPA) approach and liberal justices generally supportive. It is possible the court could opt for a compromise in which the EPA loses the case but retains most of its authority to regulate greenhouse gases under the specific program at issue in the case. Such a move could potentially win the support of some liberal justices.