Law Columbia

APRIL 27, 2023

On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution from the Republic of Vanuatu requesting an advisory opinion from the ICJ on the obligations of States with respect to climate change.

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Law and Environment

AUGUST 2, 2023

Here is the primary section subject to challenge: Discharge shall not cause or contribute to a violation of any applicable water quality standard for receiving waters adopted by the Regional Water Board, State Water Resources Control Board (State Water Board), or U.S.

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Clean Water Act Regulations Law 130

Energy & the Law

JANUARY 17, 2024

The opinion addresses a defendant’s effort to defeat the SEC’s fraud claim by attacking the complaint. We haven’t presented 2023’s Bad Guys in Energy, but we have SEC v. Bowen, Baker, Cannon Operating and others as an example of garden variety securities fraud. The “bad guys” are only alleged at this point.

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Energy & the Law

APRIL 28, 2021

Cook owns the surface of sections 48, 49, and 129. To access the property from Highway 281, Cook holds an easement parallel to the western line of Section 136. Cook refused Cimarex’s tender of payment and sued alleging that use of the road over sections 48 and 129 constituted trespass and sought injunctive relief.

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Law 130

Nanotech

MAY 4, 2023

Section 73.575, which permits the use of titanium dioxide in foods. Section 70.3(i), i), “and cite, as evidence, an opinion by the European Food Safety Authority (EFSA) entitled ‘Safety assessment of titanium dioxide (E171) as a food additive’ that was published in May 2021., Section 71.20. and other publications.”

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PA Environment Daily

JULY 21, 2021

The total amount of funding under the sections of the Fiscal Code declared unconstitutional and that the Court said should be returned to the corpus is an estimated total of $383 million. As explained in this opinion, we agree with the Commonwealth Court that all three revenue streams at issue qualify as incomes generated from trust assets.

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2009 Law 2017 Natural Gas 119

Energy and Climate Law

NOVEMBER 16, 2021

The subsidiary must then fulfil the requirements of an independent transmission operator as set out in the German Energy Industry Act (sections 4a, 4b, 10 to 10e EnWG). This subsidiary is to become the owner and operator of the German part of the pipeline.

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CEQA Developments

SEPTEMBER 12, 2023

On August 10, 2023 the Sixth District Court of Appeal filed its published opinion in Santa Rita Union School District v. On September 7, 2023, it filed an Order slightly modifying its opinion without modifying the judgment and denying rehearing. City of Salinas (2023) Cal.App.5th. occurring outside the facilities.

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Law Columbia

JANUARY 25, 2022

The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA). In January 2021, the D.C. Consistent with the D.C.

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Clean Air Act Government Fossil Fuels Greenhouse 102

CEQA Developments

JUNE 27, 2023

In a published opinion filed June 13, 2023, the Second District Court of Appeal (Div. 8) affirmed the trial court’s judgment rejecting CEQA challenges to the City of Pomona’s (City) use of a statutory exemption – under Public Resources Code § 21083.3(a), Guidelines § 15183 exemption issue. Guidelines § 15183 exemption issue.

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Law Columbia

APRIL 24, 2023

Despite the ongoing debate on whether ITLOS has jurisdiction to issue an advisory opinion on climate change, if the Tribunal asserts jurisdiction (on jurisdiction, see here and here) , there is still much to uncover. First, it discusses the relevant legal framework of the COSIS advisory opinion request.

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Climate Change Law Paris Agreement Ocean 98

Legal Planet

JUNE 30, 2022

Section 111 of the Act directs the EPA Administrator to list “categories of stationary sources” that “in [her] judgment. We answered no, given the existence of Section 111(d). After all, EPA had never regulated in that manner, despite having issued many prior rules governing power plants under Section 111. at 528–529.

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Carbon Dioxide 2011 Air Pollution Clean Air Act 130

Nanotech

MAY 4, 2023

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) has begun a public consultation on its preliminary opinion on fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes (nano). 1223/2009 (Cosmetics Regulation). Comments are due June 12, 2023.

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CEQA Developments

FEBRUARY 26, 2024

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. Citing Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 4th 1301, 1311 (my 4/10/13 post on which can be found here ); Lucas v. City of Pomona (2023) 92 Cal.App.5th City of Pomona (2023) 92 Cal.App.5th

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Recycling Law 2024 Politics 72

Law and Environment

JULY 1, 2022

The decision focuses on EPA’s authority under a specific section of the Clean Air Act. The doctrine’s precise meaning is hard to pin down in the Court’s opinion, but the gist is that some policy questions are just too big for federal agencies to address in the first instance, absent clear and explicit congressional authority.

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CEQA Developments

MARCH 27, 2023

The RWQCB had relied on Water Code section 13389 for determining its issuance of the waste discharge permits was exempt from CEQA, but petitioner argued the exemption applies only to that portion of CEQA addressing environmental impact reports (chapter 3), and not the portion addressing the underlying policy of CEQA (chapter 1).

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Waste Law 2006 Regulations 70

E2 Law Blog

MAY 26, 2023

But at least four justices sharply disagree with the majority’s opinion limiting the scope of the federal government’s CWA authority over wetlands “to only those wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right, so that they are indistinguishable from those waters.”

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PA Environment Daily

JANUARY 10, 2024

The EHB opinion says Olympus Energy drilled, fracked and completed the wells between August 22, 2023 and October 13, 2023. Click Here for a copy of the EHB opinion. One of the Environmental Hearing Board’s new judges-- MaryAnne Wesdock-- wrote the opinion and signed the order.

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PA Environment Daily

OCTOBER 7, 2023

Latkanich is arguing that soil contamination or air pollution resulting from the drilling, alteration or operation of oil or gas wells played a role in contaminating his Water Supply and should have been considered by the Department in its Section 3218 [oil and gas] investigation, he may pursue those claims in his appeal of the Determination Letter."

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Air Pollution Natural Gas Fossil Fuels Natural Resources 119

PA Environment Daily

DECEMBER 28, 2023

Pennsylvania's public natural resources are the common property of all the people, including generations yet to come.

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2025 Conservation Natural Gas Natural Resources 110

Smith Enviorment

JUNE 7, 2023

Section 404 of the Clean Water Act prohibits placing fill material in waters of the United States without a permit from the Corps. ”, Section 404 became a hurdle for development of some properties. Supreme Court issued an opinion two weeks ago that greatly limits federal Clean Water Act jurisdiction over wetlands.

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Clean Water Act Environmental Protection Regulations Pollution Control 75

Legal Planet

JULY 11, 2022

But the majority opinion only speaks in vague terms about “separation of powers principles” as one of the two considerations behind the doctrine. That only makes the absence of such a discussion from the Roberts opinion more glaring. But he doesn’t bring up the cost again in his analysis of why the regulation presents a major question.

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Politics Regulations Law Climate Change 260

Union of Concerned Scientists

APRIL 4, 2024

The fossil fuel industry has refused to accept responsibility for reducing Scope 3 emissions, which I explore in the final section of this blog. InterAmerican Court of Human Rights where Colombia and Chile requested an advisory opinion to clarify states’ human rights obligations in light of climate change.

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Ohio Environmental Law

JANUARY 16, 2023

The EP must include in the Opinions Section the basis for their conclusion that a release was “likely.”. Findings, Opinions and Conclusions – There has been a lot of variation as to the content of the Findings, Opinions and Conclusions Section of Phase I reports among EPs.

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Regulations 2023 Environmental Protection Government 52

PA Environment Daily

JANUARY 27, 2024

His opinion is the Tri-County landfill should not be permitted regardless of any mitigation plans, for the sole reason that it is too close to the airport, full stop.” It is his opinion that oil and gas waste should be disposed at a hazardous waste landfill or, in the case of liquids, in a Class 2 injection well.

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Waste Radiation 2024 Law 106

Energy & the Law

JUNE 16, 2021

The residuary estate included mineral and royalty interests in Section 38 in Howard County. The Section 38 interests were allocated to the Bypass Trust. Jean then executed a Distribution Deed with special warranty transferring the Section 38 interests individually and as executor of Warren’s Estate.

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2002 130

MGKF Law

MAY 24, 2021

20-382 (May 24, 2021), the eagerly anticipated opinion on whether consent decrees and administrative orders that do not expressly resolve liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) nevertheless give rise to a claim for contribution under Section 113(f)(3) of CERCLA.

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Clean Water Act Environmental Responsibility Waste 2021 40

Acoel

OCTOBER 1, 2022

They won that one, with the late Justice Scalia writing the opinion for a unanimous Court. This time, they’ve teed up the Court to finally resolve the Court’s own fractured opinion from its 2006 decision in Rapanos v. United States. The agencies (EPA and the Army Corps) need to be reined in.

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Academy of Natural Sciences

APRIL 21, 2022

Disclosure: Family Scholastic Adventures was invited to a complementary Media Preview of the exhibit in exchange for our honest opinion of the museum display. All opinions expressed herein are strictly our own. Each section was carefully thought through and everything had a purpose. Extreme Deep: Mission to the Abyss.

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Cooling Natural Sciences Ocean Environmental Science 98

Acoel

AUGUST 16, 2021

Article I, Section 27 provides: The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. As discussed in an earlier blog , it was not until 2017 that the Pennsylvania Supreme Court used Section 27 to hold a statute unconstitutional.

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2017 Natural Resources Law Conservation 45

Acoel

JUNE 14, 2023

In its subsequent 120-page memorandum opinion, the court thoroughly analyzed the exclusion under New Mexico law and concluded that it was inherently ambiguous. 20-920-JB-JHR, filed August 16, 2022, 621 F. 3d 1195, 2022 WL 3369202. [1]

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Environmental Responsibility Law 2022 2023 40

PA Environment Daily

JUNE 6, 2023

In a pointed opinion, the court stated that “Transco has failed to persuade us the [Natural Gas Act] strips the PA [Environmental Hearing Board] of its ability to review the REAE permits”. In order to secure a Section 401 Certification, the project must demonstrate it will comply with a State’s water quality standards.

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E2 Law Blog

MAY 24, 2021

May 24, 2021) , attempting to clarify which settlements with the United States or a state trigger a right to settling-party contribution under section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. United States , No. 20-382 (U.S. 9613(f)(3)(B). 9607, 9613.

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Clean Water Act 2004 2013 Environmental Responsibility 52

Arnold Porter

JUNE 2, 2021

Indeed, Chester County is the first opinion by a New York appellate court allowing a Securities Act case to proceed to discovery. Plaintiff brought claims under Sections 11, 12(a)(2) and 15 of the Securities Act. Section 12(a)(2) has roughly parallel elements to a Section 11 claim and applies to prospectuses and oral communications.

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CEQA Developments

MAY 2, 2023

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. See, County of Butte v.

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Climate Change 2008 2017 Law 88

PA Environment Daily

AUGUST 17, 2022

On August 5, [2022], the Supreme Court issued an opinion affirming the Commonwealth Court’s determination that these laws are facially constitutional. The case involves five ERA issues, and it produced five opinions by the six justices who participated in the decision. Justice Thomas Saylor did not participate.)

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Natural Resources 2017 Law Conservation 52

CEQA Developments

AUGUST 14, 2023

In an opinion filed July 19, and ordered published on August 9, 2023, the Fourth District Court of Appeal (Div. In resolving the parties’ related arguments, the Court rejected both (1) the City’s argument that a trial court’s continuing jurisdiction under section 21168.9(b)

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