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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 | 5 min read | 09.03.26

DOT Final Rule Narrows Airline Delay and Cancellation Reporting Obligation Under FAA Reauthorization Act of 2024

The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events....