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QUANTIFYING TRIBAL RESERVED WATER RIGHTS IN STATE WATER ADJUDICATIONS

Acoel

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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Pipeline Decisions Do Not Spell Doom for Transmission

Law Columbia

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. In April of this year, the U.S.

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N.C. Water Quality Legislation (2023)

Smith Enviorment

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.” House Bill 600, Sec.

2023 52
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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. DECISIONS AND SETTLEMENTS.

2017 40
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Climate Litigation Chart Updates – November 2016

Law Columbia

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). Alaska Oil & Gas Association v. Pritzker , Nos. opinion Oct.

2016 40
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March 2018 Updates to the Climate Case Charts

Law Columbia

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.

2018 40
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June 2021 Updates to the Climate Case Charts

Law Columbia

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.

2021 42