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. Wade in 2022.

Law 52

Law Clean Air Act Clean Water Act Politics 52

E2 Law Blog

JUNE 13, 2022

The annual Guide once again recognized the Environmental Practice in the following categories: Dispute Resolutions > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Dispute Resolutions > Appellate: Court of Appeals. Dispute Resolutions > Appellate: Supreme Courts (States and Federal).

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Law Columbia

MARCH 11, 2024

With respect to the first category, registrants must disclose climate-related risks that are reasonably likely to have a material impact on the registrant’s business strategy, operational results, or financial condition. Materiality is described in the rule as “defined by the Commission and consistent with Supreme Court precedent.”

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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of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts.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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Legal Planet

NOVEMBER 26, 2021

Instead, confidentiality protections tend to extend to narrow categories of information, such as the location of a cultural resource. Virtually anyone can make a FOIA request for materials within the federal government’s possession unless the information fits into one of nine exemption categories. Agency Discretion. Download as PDF.

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Law Columbia

SEPTEMBER 15, 2020

Construction and operation of an interstate natural gas pipeline requires a certificate of public convenience and necessity from the Federal Energy Regulation Commission (“FERC”) under Section 7 of the Natural Gas Act. In May, the Court modified its earlier vacatur of NWP 12 to cover only future oil and gas pipeline construction.

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Renewable Energy Natural Gas Electricity Fossil Fuels 54

Ohio Environmental Law

SEPTEMBER 8, 2022

The categories include: PFOA and/or PFOS manufacturers (including importers and importers of articles). Supreme Court regarding the Clean Air Act and other environmental statutes as to whether EPA is required to consider costs when promulgating a rule. What parties are affected by the proposed rulemaking?

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PA Environment Daily

FEBRUARY 7, 2022

We don't want to see those go into the abandoned category and make the situation worse. Updated Conventional Drilling Standards “There are some things in the [proposed DEP] Chapter 78 regulations [related to conventional drilling] that I think are punitive,” said Stewart.

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Smith Enviorment

AUGUST 1, 2018

Supreme Court ruled in the governor’s favor. Supreme Court decision, Cooper v. 1) The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other. (2) An earlier post discusses the 2016 decision in McCrory v. Separation of powers. (1)

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Regulations Law Natural Resources Government 40

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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Greenhouse Regulations Climate Change Carbon Emissions 54

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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2013 Law 2005 Regulations 52

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. DECISIONS AND SETTLEMENTS.

2017 40

2017 Clean Air Act Climate Change Renewable Energy 40

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. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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Law Climate Change Regulations Ocean 64

Vermont Law

JUNE 16, 2015

Supreme Court in. The Court ruled that cities may use zoning regulations as long as they promote public health, safety, morals, or general welfare. In Southern California—where wildfires are prevalent, especially during prolonged droughts—regulating yards makes sense. In 1926, the U.S. City of Euclid v.

Regulations 40

Regulations Conservation Government Law 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). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

2016 40

2016 Climate Change Fossil Fuels Greenhouse 40

Smith Enviorment

DECEMBER 14, 2023

143-215.10C, to require a groundwater compliance boundary at animal operations: “[animal operations] shall have a compliance boundary as may be established by rule or permit for various categories of animal waste management systems and beyond which groundwater quality standards may not be exceeded.” EPA and the U.S.

2023 52

2023 Clean Water Act Waste Law 52

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). et al , No. 18-16663 (9th Cir.

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Climate Change 2020 Fossil Fuels 2018 52

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.

Clean Air Act 52

Clean Air Act Sea Level Greenhouse Carbon Emissions 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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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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Regulations 2022 Cooling Climate Change 130

Legal Planet

MAY 15, 2023

Although the Constitution does not say so directly, the Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. The Supreme Court has just made it easier for states to fend off those claims. The Court’s new ruling puts those arguments to rest.

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Law Carbon Emissions Regulations Fossil Fuels 240

The Energy Law Blog

MAY 17, 2011

In SWANCC, the Supreme Court addressed the question of CWA jurisdiction over isolated, non-navigable, intrastate ponds, and concluded that CWA jurisdiction could not be based solely on the presence of migratory birds. Guidance at 2. Public comment on the proposed guidance must be received on or before July 1, 2011.

Clean Water Act 40

Clean Water Act 2011 2001 2006 40

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

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. The Supreme Court issued five separate opinions: one plurality opinion, two concurring opinions, and two dissenting opinions.

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2006 2007 Clean Water Act Environmental Protection 40

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 115

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. Three key takeaways from the court’s decision: The Court did not rule that EPA lacks authority to regulate greenhouse gas emissions from power plants or other sources.

Clean Air Act 45

Clean Air Act Greenhouse Natural Gas Politics 45

PA Environment Daily

OCTOBER 19, 2023

And of course, regulations cannot stop air pollution. Radioactivity We know that regulations cannot stop radioactive emissions. It also offers a review of trends in research findings. So there's no kind of containing that. There's no kind of technology that you can roll out for the bedrock that would prevent these problems.

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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. In the environmental context, a person might not have “clean air” for many reasons.

Clean Air Act 52

Clean Air Act Clean Water Act Government Law 52

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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Clean Air Act Regulations Nitrogen Oxides Technology 273

Law Columbia

JUNE 14, 2023

Most of the rhetoric and activity has occurred in the first two categories in the US, so we focus there, in an effort to differentiate political narratives from legal reality. Indeed, the Supreme Court established Fashion Originators’ Guild of America v. FTC , 312 U.S. and the Natural Gas Act (15 U.S.C.

Fossil Fuels 101

Fossil Fuels Law Climate Change Government 101

Legal Planet

JUNE 30, 2022

Today, the Supreme Court decided its most important environmental case since 2007. Here is the Court’s reasoning in a nutshell: Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible “solution to the crisis of the day.”

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Natural Gas Regulations Clean Air Act Politics 278

Ohio Environmental Law

FEBRUARY 4, 2020

waters that are regulated under the Clean Water Act), businesses must obtain permits prior to discharging wastewater into such waters. What is the current extent of federal regulation prior to the new rule taking effect? Supreme Court in Rapanos v. Supreme Court’s 2006 Rapanos ruling.

Clean Water Act 40

Clean Water Act 2006 Regulations Law 40

The Energy Law Blog

MAY 26, 2023

Supreme Court decision in Sackett v. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades. United States , 547 U.S.

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Clean Water Act 2006 2015 Regulations 97

Ohio Environmental Law

MAY 8, 2020

Supreme Court in Rapanos v. The NWPR covers four categories of waters: The territorial seas and traditional navigable waters (i.e., The rule specifically excludes certain types of waters from regulation under the Clean Water Act, including the following: Groundwater (although the very recent ruling by the U.S.

Clean Water Act 40

Clean Water Act 2020 Law 2006 40

Law Columbia

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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2018 Clean Air Act Climate Change Endangered Species Act 40

Legal Planet

MAY 24, 2022

EPA , the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. Here are the possible ways the Court might rule, from the narrowest to the most damaging. In West Virginia v.

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