article thumbnail

The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

A footnote explains that this category includes “”all other waters of the United States that could be regulated under the federal government’s Constitutional powers to regulate and protect interstate commerce.” Riverside Bayview Home s, the Court upheld federal jurisdiction over wetlands that are adjacent to water bodies.

article thumbnail

What Do Pig Pens Have To Do With Environmental Law?

Legal Planet

Supreme Court will hear arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State’s environmental laws and policies. Specifically, the trade groups claim that the California law violates so-called “dormant” Commerce Clause principles. Constitution.

Law 198
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws

Law and Environment

715 (2006), which interpreted covered “waters” in the CWA to include “only those relatively permanent, standing or continuously flowing bodies of water forming geographical features that are described in ordinary parlance as streams, oceans, rivers, and lakes.” (Internal quotation marks and bracket omitted.) United States , 547 U.S.

Law 130
article thumbnail

California’s Climate Leadership: A Timeline

Legal Planet

The Golden State has adopted a slew of climate change laws over the past twenty years, and an even greater number of regulations. 2006 AB 32. 2006 AB 32. Bush torpedoed climate action by the federal government early in his administration. 2002 SB1078. AB 1493 (Pavley Act). 2015 SB350. Download as PDF

article thumbnail

American College of Governance Counsel Elects Greenberg to 2021 Class of Fellows

Arnold Porter

Arnold & Porter senior counsel Joel Greenberg was elected as a 2021 Fellow of the American College of Governance Counsel, the organization for leading corporate governance lawyers from the US and Canada. Greenberg is one of 14 new Fellows in its 2021 class of distinguished leading practitioners.

article thumbnail

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Law Columbia

Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.

Law 67
article thumbnail

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

Legal Planet

But that changed dramatically in 2006, after the California Air Resources Board adopted the world’s first regulatory limits on GHG emissions from motor vehicles. In 2006, President George W. government and replace it with Trump’s vision” if he is elected to a second presidential term in November.