CEQA Developments

AUGUST 25, 2022

At its weekly conference held on August 24, 2022, the California Supreme Court acted to modify its recent majority opinion in County of Butte v. The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. 5 th , Case No.

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Legal Planet

OCTOBER 20, 2021

A big court ruling in California land-use law happened last month – and it has really large implications for the state’s efforts to address California’s housing crisis. CARLA appealed to the Court of Appeal, which reversed the trial court’s decision and sent the project back to the city to consider consistent with the HAA.

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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. Wade in 2022.

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E2 Law Blog

JULY 3, 2023

Draye Dispute Resolution > Appellate: Courts of Appeals Dispute Resolution > Appellate: Supreme Courts (States and Federal) Washington DC Jared E. Scherker Dispute Resolution > Appellate: Courts of Appeals Dispute Resolution > Appellate: Supreme Courts (States and Federal) Miami Paul M.

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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.

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Smith Enviorment

OCTOBER 30, 2023

Supreme Court decision reducing federal Clean Water Act (CWA) jurisdiction over streams and wetlands. Supreme Court also interpreted the Clean Water Act to apply only to wetlands that have a continuous surface connection to water bodies otherwise in federal jurisdiction. October 30, 2023. In Sackett , the U.S.

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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.

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E2 Law Blog

JUNE 13, 2022

The annual Guide once again recognized the Environmental Practice in the following categories: Dispute Resolutions > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Dispute Resolutions > Appellate: Court of Appeals. Dispute Resolutions > Appellate: Supreme Courts (States and Federal).

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Legal Planet

NOVEMBER 26, 2021

Instead, confidentiality protections tend to extend to narrow categories of information, such as the location of a cultural resource. Virtually anyone can make a FOIA request for materials within the federal government’s possession unless the information fits into one of nine exemption categories. Agency Discretion.

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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. 5th 630 ( Butte I ). 791a et seq.).

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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.

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Law Columbia

MARCH 11, 2024

With respect to the first category, registrants must disclose climate-related risks that are reasonably likely to have a material impact on the registrant’s business strategy, operational results, or financial condition. Materiality is described in the rule as “defined by the Commission and consistent with Supreme Court precedent.”

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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.

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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.

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Acoel

AUGUST 25, 2022

These adjudications of in-state water basins, conducted before state district courts or special water courts, will involve hundreds of private, tribal. Expect these fights over the lifeblood of the West to wind their way through State Supreme Courts on their way to the United States Supreme Court before this decade ends. [1]

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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.

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Law Columbia

SEPTEMBER 15, 2020

The Corps issues nationwide permits for categories of similar activities that will have minimal environmental effects, both individually and cumulatively. In May, the Court modified its earlier vacatur of NWP 12 to cover only future oil and gas pipeline construction. In April of this year, the U.S. The Ninth Circuit denied a stay.

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Ohio Environmental Law

SEPTEMBER 8, 2022

The categories include: PFOA and/or PFOS manufacturers (including importers and importers of articles). Supreme Court regarding the Clean Air Act and other environmental statutes as to whether EPA is required to consider costs when promulgating a rule. What parties are affected by the proposed rulemaking?

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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.

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The Energy Law Blog

SEPTEMBER 29, 2020

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. The trial court awarded actual damages to each Landowner based on each owner’s undivided interest in the property. Bayou Bridge Pipeline, LLC v. Martin Parish, et al. [1]

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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.

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The Energy Law Blog

SEPTEMBER 29, 2020

On July 15, 2020, The Third Circuit Court of Appeals issued an opinion awarding damages for a violation of due process rights against a private pipeline company. The trial court awarded actual damages to each Landowner based on each owner’s undivided interest in the property. Bayou Bridge Pipeline, LLC v. Martin Parish, et al. [1]

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PA Environment Daily

FEBRUARY 7, 2022

We don't want to see those go into the abandoned category and make the situation worse. There are, for example, word choices and requirements that were ruled illegal by the Commonwealth Court that are still contained in the Chapter 78 regulations being brought forth currently.

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Smith Enviorment

AUGUST 1, 2018

Supreme Court ruled in the governor’s favor. Supreme Court decision, Cooper v. 1) The legislative, executive, and supreme judicial powers of the State government shall be forever separate and distinct from each other. (2) An earlier post discusses the 2016 decision in McCrory v. Separation of powers. (1)

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Law Columbia

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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Law Columbia

JULY 6, 2017

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. DECISIONS AND SETTLEMENTS.

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Greenbuilding Law

NOVEMBER 21, 2021

Just weeks ago the federal appeals court in Von Duprin LLC v. Some believe this tying of the consideration to “current” standards, as opposed to the regulator determination at the time the tank was closed, creates a Faustian bargain for the environmental professional, and will greatly limit the supremely valuable designation of HRECS.

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Vermont Law

JUNE 16, 2015

Supreme Court in. The Court ruled that cities may use zoning regulations as long as they promote public health, safety, morals, or general welfare. Requiring residents to maintain healthy lawns, however, seems to fall under the “general welfare” category. In 1926, the U.S. City of Euclid v. Ambler Realty Company.

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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). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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Law Columbia

DECEMBER 15, 2023

Supreme Court precedents and so should be tied to the “substantial likelihood” that a reasonable investor would consider the data important when making an investment or voting decision. Scope 3 would be required only if the emissions are “material”.

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Smith Enviorment

DECEMBER 14, 2023

143-215.10C, to require a groundwater compliance boundary at animal operations: “[animal operations] shall have a compliance boundary as may be established by rule or permit for various categories of animal waste management systems and beyond which groundwater quality standards may not be exceeded.”

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The Energy Law Blog

JANUARY 15, 2020

Below we take a closer look at each category of lawsuits and provide an update on where they stand today. The twelve-day bench trial was the first time a fossil fuel company addressed in court its understanding of climate change and the risks it poses to its business. 9-10 (emphasis in original). et al , No. 18-16663 (9th Cir.

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Arnold Porter

DECEMBER 7, 2021

Mazzant III of the United States District Court in the Eastern District of Texas denied a motion to dismiss the government’s first ever criminal indictment for alleged wage-fixing. The court determined that Rodgers had failed to show that a valid non-prosecution agreement existed.]] On November 29, 2021, Judge Amos L.

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Law Columbia

JANUARY 10, 2019

The revised guidelines also add “energy” as an impact category in the environmental checklist for CEQA reviews that agencies use to format and guide their environmental reviews (Appendix G). These new requirements are consistent with the California Supreme Court’s decision in Vineyard Area Citizens for Responsible Growth v.

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CEQA Developments

OCTOBER 21, 2021

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. The Court Of Appeal’s Opinion.

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Environment Next

FEBRUARY 1, 2022

In a case that could open the door to more citizen suits to enforce mobile source provisions of the Clean Air Act—a category of enforcement actions that has so far failed to gain much traction—the 10 th Circuit Court of Appeals recently issued an opinion broadly upholding a non-profit organization’s standing.

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CEQA Developments

MARCH 3, 2021

The 2020 Report documented there were 36 cases issued last year “that substantially considered CEQA” – one (1) from the California Supreme Court, one (1) from the Ninth Circuit, and 34 from the California Courts of Appeal. What are the relevant publication criteria?

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