The Cost of Clean Air

April 1, 2015

The Clean Air Act, 42 U.S.C. 7401 et seq., has long been the foundation of the Environmental Protection Agency’s (“EPA”) authority to regulate air pollution.  Under the Clean Air Act, the EPA has the power to regulate the major sources of certain air pollutants where it is “appropriate and necessary.”  Pursuant to this power, the […]

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Preliminary Settlement Approval in Jamba Juice “All Natural” Suit

March 27, 2015

Tropical concoctions with names like Mango-a-go-go, Strawberries Wild, Caribbean Passion, Orange Dream Machine, and Razzmatazz may remind you of a carefree day at the beach, but Jamba Juice—the national smoothie chain and purveyor of these fruity smoothie kits—has been undergoing a much less relaxing experience. Jamba Juice is currently involved in an “all natural” labeling litigation that has […]

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Fracking “Strict Liability” Debate Heats Up in Maryland

March 25, 2015

The Maryland state Senate chamber was abuzz last week on a topic that we frequently write about here at the Monitor–hydraulic fracturing, or “fracking.”  Fresh off the heels of former Maryland Governor Martin O’Malley’s decision to permit fracking in the state (subject to significant regulation), Senate Democrats are attempting to push through legislation that would […]

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Third Circuit Affirms Dismissal of Challenge to Act Protecting Fracking Fluid Trade Secrets

March 23, 2015

Back in 2013, I blogged on a Pennsylvania federal court’s dismissal of a doctor’s complaint challenging the state’s so called “Medical Gag Act,” which aimed to prohibit the disclosure of the chemicals and fluids used by oil and gas companies during fracking operations.  Specifically, the renal doctor, Dr. Rodriquez, argued that the state’s Medical Gag […]

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Circuit Courts Limit Interpretation of FCA’s Public Disclosure Bar

March 19, 2015

Here at the Monitor, we keep a close eye on the evolution and enforcement of the False Claims Act (“FCA”).  See here.  In that vein, two recent circuit court of appeals cases limiting the interpretation of the Act’s “public disclosure bar” are worth examining. The FCA imposes civil liability on defendants where false or fraudulent claims for […]

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