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Temporary Takings and the Adaptation Dilemma

Legal Planet

Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands? The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban landowners.

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We’re back in court this week defending Canada’s Impact Assessment Act from the Alberta government

Enviromental Defense

This week, on March 21 and 22, the federal government is defending its Impact Assessment Act (IAA) (formerly Bill C-69) at the Supreme Court of Canada. The Alberta Court of Appeal finds the IAA an “existential threat” Unfourtunately, the judges ruled in favour of the Government of Alberta and deemed the IAA to be unconstitutional.

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Swiss Women Lead the Way in Historic Climate Justice Victory

Union of Concerned Scientists

A landmark ruling in the Swiss Women’s case criticized governments for not acting in line with science and unequivocally stated that inadequate government action on climate change constitutes a violation of human rights. The other two cases were dismissed due to procedural issues, not due to the merits of the cases.

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Western Wildfires are Burning Through Local and State Budgets 

Union of Concerned Scientists

Since local and state governments are on the frontlines of paying for worsening wildfires, they should also be on the leading edge of holding fossil fuel companies accountable. Perhaps less obvious is the importance of state and local governments in holding the fossil fuel industry accountable. Source: CCST 2020.

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Alberta’s New Committee on Tar Sands Tailings is Too Little, Too Late 

Enviromental Defense

The Alberta government has allowed 1.4 The Alberta government must be cautious not to overreach its jurisdiction. This includes the Joint Oil Sands Monitoring Program (JOSM) set up in 2012 and the Oil Sands Advisory Group (OSAG) set up in 2016.

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America’s Leading Environmental Court

Legal Planet

The PUC was under no obligation to evaluate an energy project conceived of in 2012 the same way in 2022. This doctrine holds that the government has a special duty to consider the public interest when it makes decisions about key resources. Indeed, doing so would have betrayed its constitutional duty.” Lawsuits against oil companies.

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As a Hot, Dry Summer Begins in California, More Water Wells Are Failing

Circle of Blue

Government agencies and nonprofit groups are preparing for difficult months ahead. In this blistering year in California drinking water wells are going dry in increasing numbers, rekindling memories of the historic drought of 2012 to 2016, when more than 2,600 wells across the state stopped producing water.

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