Articles Posted in U.S. Court of Appeals for the First Circuit

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Municipal ordinances banning coal combustion residuals from landfills were preempted by Puerto Rico Environmental Quality Board’s approval of the disposal. AES Puerto Rico, a coal-fired power plant owner, claimed that two municipal (Humacao and Peñuelas) ordinances banning the approved handling of "coal combustion residuals" (CCRs) were preempted by federal and Commonwealth law and violated various provisions of the federal and Puerto Rico constitutions. The Puerto Rico Environmental Quality Board (EQB) had authorized disposal of coal ash at the El Coquí and Peñuelas Valley landfills within those municipalities. The district court granted summary judgment for the municipalities on AES's federal claims and declined to exercise jurisdiction over the Commonwealth claims. The First Circuit reversed, holding that the local ordinances may not be enforced to the extent they directly conflict with Commonwealth law as promulgated by the EQB. View "AES Puerto Rico, L.P. v. Trujillo-Panisse" on Justia Law

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At issue in this dispute was a piece of real estate, called Long Wharf, that juts into Boston Harbor. The Boston Redevelopment Authority (BRA) wished to develop the Long Wharf pavilion, which stands at the northern side of the Wharf, for commercial purposes, but the National Park Service (NPS) refused to grant the BRA permission to do so on the ground that the land remain open for recreational use. The BRA sued NPS and the Secretary of the Interior under the Land and Water Conservation Funds Act. The district court granted summary judgment in favor of the defendants. The First Circuit affirmed, holding that the decision of the NPS was supported by substantial evidence and was neither arbitrary nor capricious. View "Boston Redevelopment Auth. v. Nat'l Park Serv." on Justia Law

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Plaintiffs brought a citizen enforcement action under the Federal Water Pollution Control Act against Defendants, the owner of a neighboring parcel of land and the business operating on it, alleging that contaminated stormwater runoff from the property was being discharged into United States waters, contaminating Plaintiffs’ property, and that Defendants lacked a valid Rhode Island Pollution Discharge Elimination System permit. After a trial, the district court concluded that Plaintiffs failed to meet their burden of proof. Thereafter, the trial court granted Defendants’ motion for attorney’s fees. The First Circuit affirmed, holding (1) the trial judge did not err in excluding from evidence a portion of certain expert witness testimony as a result of Plaintiffs’ tardiness in filing the witness’s revised expert report; (2) the district court did not err in granting judgment for Defendants; and (3) the district court’s award of attorney’s fees was not a clear error of judgment. View "Paolino v. JF Realty, LLC" on Justia Law