Legal Planet

NOVEMBER 26, 2021

Instead, confidentiality protections tend to extend to narrow categories of information, such as the location of a cultural resource. Metaphorically rich commentaries offered by tribal elders on the sacredness of a place or object have been omitted from agency deliberations because decision-makers do not understand the information.

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Law Columbia

MAY 1, 2024

A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. In response, production may simply shift to jurisdictions that do not limit emissions.

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Law Columbia

MARCH 11, 2024

Part Three will delve into the SEC rulemaking process, looking back at the SEC’s decision to finalize its climate disclosure rule, and looking ahead to how the rule could be strengthened over time. Materiality is described in the rule as “defined by the Commission and consistent with Supreme Court precedent.” Levison , 485 U.S.

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Clean Energy Law

MAY 17, 2019

Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. The California Court of Appeal heard 55 CEQA cases, while the California Supreme Court heard one case: Sierra Club v.

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Law Columbia

FEBRUARY 15, 2022

Federal courts have repeatedly held that federal agencies must consider climate change in their NEPA reviews. Both categories of analysis are essential to meet the clear and express requirements of NEPA; our study focuses on the second, which we term “climate impact analysis.”

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Climate Change Regulations 2016 Law 101

Arnold Porter

AUGUST 12, 2021

This question, and FDA’s discretion to determine a product’s regulatory classification, was at the heart of the DC Circuit’s April 2021 decision in Genus Med. Under the FDCA, whether a product is regulated as a drug or device turns on the intended use of the product. N: Genus Med. Food and Drug Administration, 994 F.3d

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Acoel

MAY 24, 2023

Supreme Court as it releases backlogged decisions prior to its June recess, the Fifth Circuit recently held back-to-back important oral arguments that haven’t drawn nearly the same amount of attention. The Texas Supreme Court said no , and the case faded from public view soon afterward when the U.S. Supreme Court reversed Roe v.

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Law Columbia

SEPTEMBER 15, 2020

However, as explained below, siting decisions for pipelines and transmission lines are governed by different laws, and while both are subject to environmental review, their environmental impacts are not comparable. The recent pipeline decisions turned mostly on water quality concerns that are specific to oil and gas projects.

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Law of the Lands

DECEMBER 17, 2019

The physical human beings give notice to governments, creditors, and the Courts that they have relinquished and are separate from their non-physical legal persons and, therefore, are not responsible to follow government regulations, pay taxes, pay debts, etc. In an oft-cited case called Meads v. Meads , Associate Chief Justice J.D.

Law 52

Law Government 2012 Politics 52

Legal Planet

JUNE 26, 2023

Moreover, agencies can apparently give greater responsibility to local government units (which aren’t covered by subsection (G)) and to state governments for actions that are federally regulated but not federally funded. Coverage of agency regulations. Agencies are required to issue regulations but there is no deadline for doing so.

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Regulations Government 2023 Law 285

Smith Enviorment

AUGUST 1, 2018

Supreme Court ruled in the governor’s favor. An earlier post discusses the 2016 decision in McCrory v. Berger decision and a more recent N.C. Supreme Court decision, Cooper v. Historically, laws creating commissions gave the Governor power to appoint all or a majority of the members.

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PA Environment Daily

DECEMBER 29, 2022

Improperly plugged wells have been tied to fatal explosions in Pennsylvania and other states, so this is a category of potentially significant violations.” “The Developing standard documents will save DEP staff time and legal review before they are issued, meaning the whole process is much quicker than it is now.

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The Energy Law Blog

AUGUST 7, 2018

the Louisiana Fifth Circuit Court of Appeal concluded that plaintiffs’ survival and wrongful death actions were prescribed when plaintiffs brought suit almost four years after the diagnosis of cancer and subsequent death of their husband/father and failed to inquire as to the cause of illness and death. Exxon Mobil Corporation, et al.,

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Law Columbia

DECEMBER 15, 2023

In the global effort to protect the earth’s climate, the pace of regulation is rivaled only by the speed of technological innovation. While the SEC’s climate disclosure rules are pending, and will probably face litigation when final, regulations from other agencies and jurisdictions are likely to affect U.S.

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The Energy Law Blog

SEPTEMBER 15, 2015

Fifth Circuit Court of Appeals recently issued an opinion regarding criminal liability under environmental statutes. The district court found Citgo guilty of two counts of knowingly operating two tanks as oil-water separators without CAA emission controls, and three counts of “taking” migratory birds in violation of the MBTA.

Clean Air Act 40

Clean Air Act Endangered Species Act 2015 Regulations 40

Law Columbia

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

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Law Columbia

JULY 6, 2017

Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C.

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2017 Clean Air Act Climate Change Renewable Energy 40

Greenbuilding Law

NOVEMBER 21, 2021

Just weeks ago the federal appeals court in Von Duprin LLC v. Some believe this tying of the consideration to “current” standards, as opposed to the regulator determination at the time the tank was closed, creates a Faustian bargain for the environmental professional, and will greatly limit the supremely valuable designation of HRECS.

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Smith Enviorment

DECEMBER 14, 2023

Aside from the constitutional issue, legislative intervention in a permitting action sets a precedent for direct political intervention in permit decisions. A decision to issue or deny the certification must be made within 60 days if no public hearing is required or within 90 days if there is a hearing. EPA and the U.S.

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Law Columbia

FEBRUARY 12, 2024

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. New Zealand’s Court of Appeal, however, struck out all three claims, meaning that Smith would not receive his day in court.

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Law Climate Change Regulations Ocean 64

CEQA Developments

MARCH 9, 2022

In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. The trial court rejected all of OSENA’s CEQA arguments but granted its petition as to the PDP and slope variance issue.

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Conservation Law Regulations 2010 90

Arnold Porter

JANUARY 21, 2022

Criminal convictions involving the procurement process are specifically addressed by the governing regulations. 20-04, Initial Decision (July 29, 2020), [link]. ]] Dip Shipping opposed the license revocation and argued that it would amount to what it called a death sentence for the company.[[N: Code, Section 2393(c)(1).[[N:

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2019 Government 2020 2021 52

CEQA Developments

OCTOBER 21, 2021

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. The Court Of Appeal’s Opinion.

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The Energy Law Blog

JANUARY 15, 2020

Below we take a closer look at each category of lawsuits and provide an update on where they stand today. The twelve-day bench trial was the first time a fossil fuel company addressed in court its understanding of climate change and the risks it poses to its business. 9-10 (emphasis in original).

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Environment Next

FEBRUARY 1, 2022

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.

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Circle of Blue

JUNE 28, 2022

Regulators in New York require utilities to perform climate risk assessments. Supreme Court could transform federal climate regulation. Wisconsin Adopts PFAS Regulation. It is unclear how an April court decision, which ruled that the state has no authority to enforce PFAS cleanup, will affect the new rules.

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Law Columbia

MAY 10, 2023

If a lease is producing or “known to contain valuable deposits of oil or gas,” it can only be cancelled “by court order.” The land covered by ConocoPhillips’ NPR-A leases falls into the second category. stimulations of th[e] lease, [and] the Secretary of the Interior’s regulations and formal orders.” (It

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Fossil Fuels Greenhouse Regulations Climate Change 100

PA Environment Daily

JANUARY 10, 2024

Click Here for a summary of 2022 shale gas and conventional violations. Winter Storm Elliot Causes Natural Gas Infrastructure Failure Natural gas infrastructure failures during Winter Storm Elliot resulted in the proposed imposition of an unprecedented $1.8 Major modifications of the permits to match the installed structure are being considered.

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2023 Natural Gas 2022 Waste 116

PA Environment Daily

OCTOBER 19, 2023

Steingraber -- Public Health Crisis The summary conclusion of the 9th Compendium on natural gas development research is-- “The rapidly expanding body of evidence compiled here is massive, troubling and cries out for decisive action. And of course, regulations cannot stop air pollution. So there's no kind of containing that.

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Natural Gas Air Pollution 2002 2014 116

The Energy Law Blog

JULY 6, 2007

There is general agreement that Rapanos limited the reach of the CWA, but the Court did not articulate a clear standard for determining whether or not a wetland or body of water is covered by the CWA. In the guidance, EPA and the Corps explain how they will approach jurisdictional determinations in light of the Rapanos decision.

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Legal Planet

MAY 20, 2021

In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. It sheds some important light on how EPA views the role of cost-benefit analysis in its decisions. Co-benefits are the beneficial side effects of a regulation.

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Clean Air Act Regulations Air Pollution Government 243

PA Environment Daily

NOVEMBER 15, 2023

The PA Supreme Court’s decision reversed a lower court ruling that had put up a major barrier to reimbursement of legal costs for environmental lawsuits brought by non-profits and residents. Click Here for a summary of 2022 shale gas and conventional violations. DEP and Sunoco Pipeline and Gerhart v.

2023 116

2023 Natural Gas 2022 Waste 116

Smith Enviorment

JULY 12, 2022

Supreme Court issued a decision striking down an Obama era rule regulating carbon dioxide (CO2) emissions from existing power plants. The decision in West Virginia v. The decision is important for what it did and what it didn’t do. A 2007 Supreme Court decision ( Massachusetts v.

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Clean Air Act Greenhouse Natural Gas Politics 45

E2 Law Blog

NOVEMBER 8, 2021

Unless this new section 19 is read by the New York courts in a way different from the way they have read the other 18 sections of the Bill of Rights, section 19 will not give the person whose air is dirty a right to sue the polluter directly. Will this new constitutional language impact NYSDEC permitting decisions?

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Clean Air Act Clean Water Act Government Law 52

Arnold Porter

DECEMBER 20, 2022

We also report on recent updates in relation to sanctions and the growth of cryptoasset-related regulation. Regulators concluding the HBOS investigation with no further action against senior managers. The FCA publishing decision notices against Carillion and three of its former directors. KPMG fined £18.4

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Law and Environment

OCTOBER 4, 2021

Well, in June of this year, EPA announced that it was revisiting that decision. exposures and both health effect categories, and further support the causality determinations presented in the 2019 PM ISA. (My defensible in court, but it should not take two more years to do so. The short version? My emphasis).

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2019 Clean Air Act Law Regulations 100

Legal Planet

OCTOBER 5, 2023

To get a better sense of where the court may be heading, I spoke with Sean Donahue , an environmental lawyer who argued one of the cases and was there for the other two oral arguments. EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act.

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