Smith Enviorment

OCTOBER 30, 2023

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. This post provides an update on federal implementation of the Sackett decision and new information on the impact of the wetlands provision in the N.C. Federal Implementation of the decision in Sackett v. In Sackett v.

Clean Water Act 52

Clean Water Act Law 2023 2015 52

Arnold Porter

SEPTEMBER 22, 2021

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

2009 Government 2017 2021 96

Energy & the Law

MARCH 30, 2022

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

2017 Natural Resources 2018 2019 130

CEQA Developments

FEBRUARY 26, 2024

In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. The Court of Appeal reversed. Hilltop Group, Inc., County of San Diego, et al. 2024) Cal.App.5th. Hilltop Group appealed.

Recycling 72

Recycling Law Politics 2024 72

E2 Law Blog

MAY 26, 2023

Sometimes the most monumental Supreme Court decisions spring from the most modest facts. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. The Court next examines state dredge and fill permitting authority under Section 404(g) of the CWA, 33 U.S.C.

Clean Water Act 52

Clean Water Act Regulations 2004 2006 52

Law Columbia

MAY 12, 2023

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.

Fossil Fuels 58

Fossil Fuels Law Clean Air Act Government 58

CEQA Developments

APRIL 21, 2021

Falling more into the category of “spring cleaning” than “breaking news,” readers should note that a Second District decision, published last spring and covered in this blog, was ordered depublished by the California Supreme Court late last summer. 5th 588; my April 21, 2020 post on the case can be found here.

2020 73

2020 Law 73

Legal Planet

NOVEMBER 26, 2021

Instead, confidentiality protections tend to extend to narrow categories of information, such as the location of a cultural resource. Metaphorically rich commentaries offered by tribal elders on the sacredness of a place or object have been omitted from agency deliberations because decision-makers do not understand the information.

Law 226

Law Government Regulations 226

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.

2017 130

2017 2018 2019 Greenhouse 130

Arnold Porter

JANUARY 13, 2022

Kracov, co-chair of the firm's Life Sciences and Healthcare Regulatory practice, comments on the industry reaction to the agency’s decision. Habtemariam notes a recent court ruling on drug and device definitions, reflecting on the whether the FDA will establish new classifications for those categories of agents.

Law 40

Law 40

Law Columbia

SEPTEMBER 29, 2021

Note: On September 26, 2019, the Vanuatu Permanent Mission to the United Nations hosted a workshop on seeking an advisory opinion on climate change from the International Court of Justice. Flickr : International Court of Justice, The Hague . The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.

Climate Change 80

Climate Change Law 2014 Greenhouse 80

PA Environment Daily

JANUARY 11, 2023

Sustainable Pittsburgh evaluates the workplace across a range of categories and actions including carbon reduction; diversity, equity, and inclusion; resource conservation; responsible sourcing; and product design. Reflecting that work, we’ve earned the top score for our category in the Sustainable Pittsburgh Challenge for several years.

2012 99

2012 Government Conservation 2023 99

CEQA Developments

AUGUST 2, 2022

The First District Court of Appeal filed on June 30, and later ordered published on July 26, 2022, its opinion in County of Mono v. The trial court ruled in favor of the County. The City appealed and the Court of Appeal reversed. The trial court had issued a tentative ruling on the County’s petition. A162590) __ Cal.App.5th

2010 83

2010 2018 2009 Law 83

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

Climate Change 88

Climate Change 2008 2017 Law 88

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. Supreme Court reversed Roe v.

Law 52

Law Clean Air Act Clean Water Act Politics 52

Law Columbia

MARCH 11, 2024

Part Three will delve into the SEC rulemaking process, looking back at the SEC’s decision to finalize its climate disclosure rule, and looking ahead to how the rule could be strengthened over time. Materiality is described in the rule as “defined by the Commission and consistent with Supreme Court precedent.” Levison , 485 U.S.

2026 55

2026 Regulations 2029 2025 55

The Energy Law Blog

JUNE 2, 2020

In two companion cases, a panel of the United States Court of Appeals for the Ninth Circuit decided whether a federal district court could properly exercise jurisdiction over climate change suits brought against energy companies by cities and counties in California. In County of San Mateo et al. In City of Oakland et al. BP PLC et al.

Climate Change 52

Climate Change Fossil Fuels Clean Air Act Law 52

Law Columbia

JANUARY 17, 2023

At the time of the Network’s launch, we had 28 Rapporteurs covering 24 countries; we now have 103 Rapporteurs covering 74 countries and 17 international and regional courts, tribunals or quasi-judicial bodies, as well as United Nations bodies or special procedures. A list of all blog posts written by rapporteurs is included below. Conclusion.

Climate Change 58

Climate Change 2022 2023 Law 58

Law Columbia

MAY 1, 2024

A key and underrated aspect of the recent triad of climate rulings of the European Court of Human Rights (ECtHR) is that the ECtHR has brought to the fore the role of trade-related greenhouse gas (GHG) emissions in states’ carbon footprints. In response, production may simply shift to jurisdictions that do not limit emissions.

Climate Change 58

Climate Change Paris Agreement Regulations 2027 58

Arnold Porter

AUGUST 12, 2021

This question, and FDA’s discretion to determine a product’s regulatory classification, was at the heart of the DC Circuit’s April 2021 decision in Genus Med. For nearly 25 years, since a 1997 court decision in Bracco Diagnostics, Inc. One such category of products is contrast imaging agents.

Regulations 40

Regulations 2021 Government Law 40

Law Columbia

FEBRUARY 15, 2022

Federal courts have repeatedly held that federal agencies must consider climate change in their NEPA reviews. Both categories of analysis are essential to meet the clear and express requirements of NEPA; our study focuses on the second, which we term “climate impact analysis.”

Climate Change 102

Climate Change Regulations 2016 Law 102

Arnold Porter

NOVEMBER 10, 2022

An AI system is defined as “a technological system that autonomously or partly autonomously, processes data related to human activities through the use of a genetic algorithm, a neural network, machine learning or another technique in order to generate content or make decisions, recommendations or predictions.”

Regulations 52

Regulations Government Law 2022 52

CEQA Developments

JANUARY 2, 2023

In a published opinion filed December 6, 2022, the Third District Court of Appeal reversed in part and affirmed in part the trial court’s judgment denying writ petitions in consolidated actions challenging the EIR for a major state government project affecting the Historic State Capitol Building and Annex in Sacramento.

Government 76

Government Law 2019 2011 76

Law of the Lands

DECEMBER 17, 2019

The physical human beings give notice to governments, creditors, and the Courts that they have relinquished and are separate from their non-physical legal persons and, therefore, are not responsible to follow government regulations, pay taxes, pay debts, etc. In an oft-cited case called Meads v. Meads , Associate Chief Justice J.D.

Law 52

Law Government 2012 Politics 52

CEQA Developments

FEBRUARY 1, 2023

As previously summarized here , the First District Court of Appeal (Division 5) in Save Berkeley’s Neighborhoods held that the university’s enrollment increases were not statutorily exempt under Public Resources Code section 21080.09, which requires an EIR for long range development plans (“LRDPs”). The bill also amends Section 21080.09

2023 76

2023 2011 Greenhouse Electricity 76

Law Columbia

SEPTEMBER 15, 2020

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.

Renewable Energy 55

Renewable Energy Natural Gas Electricity Fossil Fuels 55

Vermont Law

JULY 26, 2020

The concealment warranted a transfer to Minnesota District Court to review the MPCA’s permitting process and decision. [3]. But there has been no indication that the MPCA’s sinister actions will cause the District Court to review and remedy the situation any differently than a typical Administrative Procedure Act (APA) violation.

Clean Water Act 52

Clean Water Act Pollution Control Government Law 52

The Energy Law Blog

NOVEMBER 18, 2020

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. After his accident, Sanchez sued Enterprise and SmartFab in state court under the Jones Act, 46 U.S.C.

2019 40

2019 2020 Law 2014 40

The Energy Law Blog

NOVEMBER 18, 2020

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. After his accident, Sanchez sued Enterprise and SmartFab in state court under the Jones Act, 46 U.S.C.

2019 40

2019 2020 Law 2014 40

The Energy Law Blog

OCTOBER 24, 2016

In doing so, the Fourth Circuit affirmed the judgment of the district court dismissing the conversion claim of the company with prejudice. Bayou Fleet filed suit in Louisiana state court against Bollinger alleging wrongful conversion of the boom. The court first analyzed the “education and intelligence” of the plaintiff’s two owners.

2007 40

2007 2009 2008 Law 40

Circle of Blue

JUNE 2, 2021

Met needed the flexibility of extra Lake Mead storage for two reasons: a court decision limited California’s use of Colorado River starting in 2003 and its supply from reservoirs in northern California’s Sierra Nevada mountains is quite variable. There have been far more ICS deposits than withdrawals.

2007 363

2007 2014 2025 Conservation 363

The Energy Law Blog

JUNE 6, 2016

Louisiana First Circuit Court of Appeal again finds that it lacked jurisdiction over an appeal taken from a partial judgment that was not designated as final pursuant to Article 1915(B) of the Louisiana Code of Civil Procedure In Constantin Land Trust v. BP America Prod.

Law 40

Law Natural Resources 40

Legal Planet

APRIL 2, 2024

“The Year of Climate in International Courts” by Rebecca Hamilton was first published on Just Security. The European Court of Human Rights will decide on three contentious cases brought by individual applicants, and the other three courts will issue advisory opinions at the request of different States.

Paris Agreement 185

Paris Agreement Climate Change Law Greenhouse 185

The Energy Law Blog

AUGUST 7, 2018

the Louisiana Fifth Circuit Court of Appeal concluded that plaintiffs’ survival and wrongful death actions were prescribed when plaintiffs brought suit almost four years after the diagnosis of cancer and subsequent death of their husband/father and failed to inquire as to the cause of illness and death. Exxon Mobil Corporation, et al.,

2010 40

2010 Radiation 2013 2014 40

The Energy Law Blog

FEBRUARY 5, 2016

On February 1, 2016, a federal district court issued a ruling in Moore v. The court interpreted the 2014 amendments to Act 312 (La. In interpreting a prior version of Act 312, the Louisiana Supreme Court explained in State v. Denbury , — F.3d 2016) , with important implications for “legacy” lawsuits in Louisiana. 3d 1038 (La.

2014 40

2014 2016 Natural Resources 40

Legal Planet

JUNE 26, 2023

What happens if the agency issues a regulation empowering preparation of environmental documents for some categories of projects or applicants but not others? There’s nothing in the statute the requires all categories to be covered in a single regulation.

Regulations 263

Regulations Government 2023 Law 263

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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

2016 40

2016 Climate Change Fossil Fuels Greenhouse 40