There is an abiding myth among practitioners in the plaintiffs’ class action bar—regularly rejected but repeated by rote—that affirmative defenses are irrelevant to class certification. For example, ...
Owners and operators of facilities subject to permitting under the Clean Air Act’s Title V permit program have cause for rejoicing. Title V permittees have just seen their fortunes improve, if only in ...
Robbie Ann Hamilton was just 15 years old when she became a victim of human trafficking. After enduring horrific abuse, escaping her traffickers and beginning recovery efforts with the help of ...
On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, ...
The heightened pleading standard set forth by the Supreme Court in Bell Atlantic v. Twombly and Ashcroft v. Iqbal has become a familiar tool for defense counsel seeking to dismiss a complaint in ...
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