category supreme-court 
Smith Enviorment
DECEMBER 14, 2023
This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The Clean Water Act requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
Law Columbia
SEPTEMBER 15, 2020
Under Section 404 of the Clean Water Act, any party seeking to construct a project that will discharge dredged or fill material into waters within the Corps’ jurisdiction must obtain a permit. In May, the Court modified its earlier vacatur of NWP 12 to cover only future oil and gas pipeline construction.
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Law Columbia
MARCH 6, 2018
Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.
Law Columbia
JUNE 8, 2021
In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.
ESA
MAY 4, 2023
ESA & ESAL Webinar “Protecting Waterways for Healthy Communities and Ecosystems” – Monday, May 8 at 2:00 pm Join ESAL and ESA to learn how science and policy intersect to protect waterways, hear from local advocates for ecologically sound practices, and discuss the potential impact of an ongoing Supreme Court Case. Register here.
Law Columbia
AUGUST 4, 2021
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.
Law Columbia
JULY 2, 2021
Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.
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