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The New Environmental Rights Amendment to the New York Constitution

E2 Law Blog

The Bill of Rights protects rights of people against the government. Thus, section 19 probably constrains government action or requires affirmative government action, but it does not create a right of your neighbor to have you maintain your trees or to stop polluting. That right is part of Article I, the New York Bill of Rights.

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October 2019 Updates to the Climate Case Charts

Law Columbia

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

2019 40
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The Chemical Compound—August 2021

Arnold Porter

Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants. million pounds of benzene that it imported during 2013–2015 as well as large quantities of three other substances. The House bill ( H.R.

2021 52
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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

The court said that having remanded to the Corps for consultation under the Endangered Species Act, it was not necessary to determine whether the Corps “made a fully informed and well-considered decision” under NEPA and the Clean Water Act. All of the briefs are available on the case page.

2020 40
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November 2017 Updates to the Climate Case Charts

Law Columbia

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. Foster , No. 34-2016-CR-00187 (N.D. decision Sept. 29, 2017; verdict Oct.

2017 40
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The Chemical Compound—May 2021

Arnold Porter

Our primary focus continues to be on chemical substances which are the subject of regulatory activity or scrutiny by various government agencies and potential litigants. This quarterly newsletter provides essential updates on litigation, regulatory, legislative, and other notable developments involving chemicals of concern to business.

2021 52
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February 2020 Updates to the Climate Case Charts

Law Columbia

Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. Ninth Circuit Heard Oral Argument in California Local Government Cases; Fossil Fuel Companies Said Juliana Decision Supported Their Position. Trump , No. 4:19-cv-00028 (D. County of Sacramento , No.

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