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Chris “Subscribe to Law Dork!” Geidner Profile picture
@chrisgeidner
Mar 31 • 10 tweets • 4 min read Twitter logo Read on Twitter
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DOJ, on behalf of the EPA, has sued Norfolk Southern for the East Palestine derailment under the Clean Water Act.

Complaint: justice.gov/opa/press-rele…
The case has been assigned to Judge John R. Adams, a George W. Bush appointee who has a … less-than-stellar … record as a judge. (He’s been removed from multiple cases and had other issues, including a long legal fight with the 6th Circuit Judicial Council, while on the bench.)
Subscribe to Law Dork now to support my independent legal journalism. lawdork.com
Here’s an article from last year on the settlement in the 6-year-fight over Adams’s behavior on the bench. beaconjournal.com/story/news/202…
From DOJ's complaint: "Approximately eighty percent of the compensation for NS Corporation’s executives are based on performance metrics. ... [A]nnual reports show a stark contrast between the
increases in operating income and the drop in railroad operating costs." 21. Approximately eighty percent of the compensation for NS
"Norfolk Southern produced the below photograph showing the derailed rail cars and describing their contents." Photograph of the East Palestine train derailment, with each
"51. Firefighting efforts required the use of firefighting materials."

10/10. No notes. 51. Firefighting efforts required the use of firefighting ma
The Feb. 6 venting/burn. 54. On February 5, 2023, monitoring indicated rising tempera
Oh, yeah ... #WOTUS

This is followed by five pages detailing how waters implicated in the East Palestine derailment are waters of the United States. (pp.12-16) E. Waters of the United States
The three specific claims by DOJ against Norfolk Southern are "Discharge of Pollutants in Violation of Clean Water Act"; "Discharge of Oil and Hazardous Substances in Violation of the Clean Water Act"; and "Cost Recovery," citing 42 USC 9607. See: law.cornell.edu/uscode/text/42…

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More from @chrisgeidner

Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 30
Judge Reed O’Connor has ordered an end to many ACA preventative care coverage requirements, including PrEP and cancer screenings; no DOJ response yet.

Read and subscribe to @lawdorknews for the latest on this developing national story: lawdork.com/p/judge-reed-o…
UPDATE: In response to today's ACA ruling, per DOJ spokesperson, "For over a decade, the Affordable Care Act has ensured that millions of Americans have access to critical preventative health care. We’re currently reviewing the Court’s decision and will be assessing our options."
Story is updated: lawdork.com/p/judge-reed-o…
Read 5 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 30
BREAKING: Judge Reed O'Connor declares the preventative care coverage requirements issued since 2010 under the ACA to be illegal, finding that the board behind them (US PSTF) is appointed improperly. storage.courtlistener.com/recap/gov.usco… Image
BREAKING: Judge Reed O'Connor also rules that the PrEP coverage mandate violates RFRA and rules that it cannot be applied against the plaintiffs in the case. storage.courtlistener.com/recap/gov.usco… Image
I covered O'Connor's original ruling in this case at Law Dork back in September: lawdork.com/p/the-prep-dec…
Read 9 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 29
OK, it was really great to be back at #SCOTUS today, covering the (one) opinion on here and then attending arguments. It was my first time seeing Justices Barrett and Jackson on the bench, which I think is important given how little we actually see of the justices. The Supreme Court building.
After a decade of attending SCOTUS arguments regularly, I hadn’t been going in person after I left BuzzFeed News and then once the pandemic led to all-remote arguments. Now that I have my press pass, though, I got back to arguments quickly and I’m glad I did.
Subscribe to Law Dork, yes, for much more SCOTUS coverage in the months ahead. lawdork.com
Read 6 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 28
OK! @lawdorknews is back at #SCOTUS. March 28, 2023. Subscribe now: lawdork.com Law Dork press section Supreme Court seating passSupreme Court building
One or more opinions in argued #SCOTUS cases are expected beginning in 10 minutes, followed by two oral arguments.
It's a one-box day, so we're expecting one or two #SCOTUS opinions.
Read 8 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 27
Another ban on gender-affirming care has passed a state legislature.

Here's the bill, which has now passed both chambers in Indiana: iga.in.gov/legislative/20…
As with several of the bans being considered and passing this year, Indiana's bill would force doctors to stop providing care to minors currently receiving hormone therapy by the end of the year. (d) A physician or practiti...
The Indiana bill also contains a provision that would make it a violation of the standards of practice for a physician who "aids or abets" another physician in providing gender-affirming medical care for a minor. The language contains no in-state limitation. Sec. 15. A physician or pra...
Read 4 tweets
Chris “Subscribe to Law Dork!” Geidner Profile picture
Mar 23
BREAKING: Several trans children and their parents sue Florida officials in federal court, seeking to have the medical boards' bans on gender-affirming medical care for minors declared to be unconstitutional and enjoined. storage.courtlistener.com/recap/gov.usco… 1. This Action is a federal constitutional challenge brought3. The transgender medical bans also violate the guarantees
The families are represented by @GLADLaw, @NCLRights, @HRC Foundation, @southernlegal, and @SidleyLaw.

The case has been assigned to Judge Robert Hinkle.
Of course, as I covered at @lawdorknews this morning, the Florida House is considering a much more extreme measure currently. lawdork.com/p/florida-offi…
Read 4 tweets

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