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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Natural Resources Defense Council v.

Law 227
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Mine Cleanup Law Weakened By Coal’s Decline

Circle of Blue

Coal mine cleanup law is still built for the industry’s roaring ’70s. Photo © Illinois Department of Natural Resources. So in August of 1977, when the nation’s coal mine cleanup law went into effect, it reflected the market’s optimism. The mine cleanup law, however, no longer reflects current conditions.

Law 244
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Losing Justice Hobbs, Western Water Expert and Valued Mentor

Legal Planet

But people across the Colorado legal community, the broader Western water community, and a far-flung network that includes Berkeley Law staff, faculty, and alumni. Long-term connections with Berkeley Law. Justice Hobbs’ connections with Berkeley Law run deep. He got his JD here in 1971. I was lucky enough to be one of them. .

2013 246
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Opinion: Halt the Oil Flow Across Straits of Mackinac

Circle of Blue

The tribe also is challenging state permits issued by the Wisconsin Department of Natural Resources for Enbridge to construct a 41-mile bypass across protected forest and wetlands. and Canada, the two principal laws overseeing Line 5 operations in the Straits, expressly Michigans authority to protect state waters from Line 5s risks.

2026 349
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The Ongoing Tension over Stormwater Discharges in Los Angeles

Legal Planet

Wells Environmental Clinic at UCLA School of Law is representing Los Angeles Waterkeeper on matters related to the subject of this post. The 2012 MS4 Permit in a Nutshell. The 2012 permit was not established with clear and measurable requirements for how the plans will actually reduce the levels of stormwater pollution.

2012 130
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Louisiana Legislature to Consider Amendments to Forced Pooling Regime Requiring Operators to Pay Lessors of Nonparticipating Working Interest Owners Directly

The Energy Law

The bill, HB 590 , extends a prior substantive change in the law that was affected by the 2012 amendments to La. As was the case in 2012, this proposed amendment would also extend this direct payment requirement to any overriding royalty interests burdening the nonparticipating owner’s lease.

2012 98
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Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law

CEQA Developments

As a matter of law, the Court also held the County improperly relied on the existing facilities exemption for the project. The proposed amendments relied on the 1999 MNDs and 2012 addendum, with no additional CEQA review or mitigation deemed necessary by the County. or if the public agency failed to give the notice required by law.”

Law 98