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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Coalition for Responsible Regulation v.

Law
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The Court Has Spoken: A Healthy Climate is a Human Right

Union of Concerned Scientists

This powerful statement of law and principle is part of a growing wave of international legal action on climate change, following last year’s AO from the International Tribunal for the Law of the Sea and ahead of a highly anticipated opinion by the International Court of Justice.

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Six Things to Know about Rights of Nature

Legal Planet

We had large waitlists from both law and college students. There have been over 80 Rights of Nature (RoN) laws passed across the U.S., In all, there have been over 500 RoN laws, cases, policies and declarations around the globe, and the numbers are increasing. One thing is for sure — there is huge student interest in the topic.

Law
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Upcoming Developments in International Governance of Marine Carbon Dioxide Removal

Law Columbia

The next week has the potential to bring important developments for international governance of marine carbon dioxide removal (CDR). Even if the resolution is adopted, it would not be binding in the same way as a formal international agreement, but it could still impact how countries regulate marine CDR. seaweed) for carbon storage.

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Filling the gaps from CEQA reform

Legal Planet

California has long relied on CEQA as a gap-filler for its other environmental laws. As the state pares back CEQA, it should look at where it needs to update other state environmental laws to fill in gaps, where appropriate. We have strong agencies that issue strong regulations. We have really strong statutes.

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NEPA in the Supreme Court (Part II)

Legal Planet

The argument is that the Board shouldn’t have to consider that because EPA has authority to regulate air pollution, not the Board. Section 102(2)(C) requires the agency preparing an impact statement to obtain comments from any other agency that “has jurisdiction by law… with respect to any environmental impact involved.”

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Wildfire Liability in California: A Primer 

Legal Planet

It makes utilities, like state government, liable for taking or damaging private property. If youre wondering about the terminology, condemnation takes place where the government sures to take property; inverse condemnation is when landowners sue because the government has already taken the property.