Remove category court-decisions
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Louisiana Operator Slapped by Appellate Court

Energy & the Law

These statutes are often litigated, but few disputes result in a reported decision. 5 th Circuit Court provided some guidance for how to interpret the notice provisions of 30:103.1-2 The Court of Appeals reversed, finding that the district court had “erroneously engrafted conditions into [30:103.1 The Pen is Mightier.

2017 130
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CEQA Case Report: Understanding the Judicial Landscape for Development

Clean Energy Law

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2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts.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

2017 130
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Private Student Loan Update: Second Circuit Finds “Educational Benefit” Category of Section 523 Does Not Apply to Private Student Loans

Arnold Porter

The US Court of Appeals for the Second Circuit recently ruled in favor of a private student loan borrower and found that his loans were discharged without his meeting the undue hardship requirement usually applied to student loans.[[N: N: Homadian v. Sallie Mae, Inc. , 4th 595 (2d Cir. ” Navient Corp., The Homaidan Case.

2009 96
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July 2017 Updates to the Climate Case Charts

Law Columbia

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.

2017 40
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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

Law Columbia

Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. Several factors led to the Supreme Court’s decision. On April 24, the U.S.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

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. of Water Resources (2023) Cal.App.5th.

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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

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.