Environmental Petitioners ask Second Circuit for Rehearing
Client Alert | less than 1 min read | 04.15.05
Environmental Petitioners yesterday (April 14, 2005) asked the Second Circuit for a rehearing on a critical element of the court's February 28, 2005 decision on EPA's 2003 CAFO Rulemaking. Waterkeeper Alliance, Inc. et al. v. EPA, (No. 03-4470, et al.). The pleading asks the court to overturn its decision that CAFOs do not have a "duty to apply" for an NPDES permit. The pleading also asks the court — if it refuses to reverse itself on the "duty to apply" issue — to require CAFOs to have an approved nutrient management plan in an NPDES permit to qualify for the "agricultural stormwater" exemption from NPDES permitting.
Insights
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
