News

A three-judge panel of the 5th Circuit Court of Appeals reversed an earlier ruling that found the Army Corps of Engineers to be at fault for Hurricane Katrina's catastrophic flooding. In 2005, flooding from the hurricane because of an improperly maintained shipping channel, devastated New Orleans and killed 1,400 citizens. The court claims federal law gives the corps immunity against flood-related lawsuits, and also could make it  difficult to force the government to pay damages for future mishaps.. Read more about the ruling at WRCBtv.com.

U.S. District Court Judge Thomas Varlan ruled on Thursday that the Tennessee Valley Authority was responsible for a massive coal ash spill at its Kingston facility in 2008. He said the TVA should have investigated and remedied problems at the site prior to the "catastrophic failure." Total cleanup costs, which are ongoing, are estimated to exceed $1 billion. Varlan said in a written opinion that the TVA was negligent in its conduct and will be liable for damages that will have to be proven in the next phase of the ongoing lawsuits. Related litigation involves more than 60 cases and more than 800 plaintiffs. ABC News has more

Nashville-based Gibson Guitar Corp. will pay a $300,000 fine and make a $50,000 community-service payment for conservation in response to federal allegations that the company used illegally obtained ebony wood in the manufacture of its products. The U.S. Justice Department said in a news release that the settlement resolves a criminal investigation into allegations that the company violated the Lacey Act by illegally purchasing and importing ebony wood from Madagascar and rosewood and ebony from India. The agreement was announced today by Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney for the Middle District of Tennessee Jerry Martin and Dan Ashe, director of the Department of the Interior’s U.S. Fish & Wildlife Service. The criminal enforcement agreement defers prosecution for criminal violations. The Blog of Legal TImes has more

An environmental law that has Nashville-based Gibson Guitar mired in legal trouble was up for debate Tuesday in Washington. A House subcommittee heard arguments for and against the RELIEF Act, which would rewrite the century-old Lacey Act, which only recently began governing the importation of wood. Musical instruments are the concern of the bill’s sponsors, which include Rep. Jim Cooper. The Nashville Democrat says artists fear their guitars could be confiscated when they reenter the U.S. if they can’t document that all of the wood was legally harvested. Nashville Public Radio reports

The Supreme Court ruled unanimously yesterday that property owners have a right to prompt review of Environmental Protection Agency (EPA) compliance orders that block activities on lands determined to be protected. In the case, an Idaho couple contested the EPA’s determination that their lot contained wetlands regulated by the Clean Water Act. They also complained there was no reasonable way to challenge that determination without risking fines that could mount quickly. The court rejected EPA's argument that allowing judicial review would compromise the agency's ability to deal with water pollution, allowing the couple to contest the EPA’s determination in federal court. The News Sentinel has the story

The Environmental Law Section of the Tennessee Bar Association is now accepting entries for the Jon E. Hastings Memorial writing competition. All law students enrolled in a Tennessee law school in 2011 or 2012 are eligible to enter. Entries must be submitted by April 2, 2012. Learn more about the award and download a copy of the rules.