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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.
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.
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.
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.
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.
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.”
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.
New methane satellites provide a powerful data capability for governments who want to demonstrate leadership in climate policy. The report is intended to help policymakers harness satellite data to improve their climate policies, enforce emissions regulations, and accelerate methane reduction efforts.
While the Alberta Energy Regulator has the ability, and responsibility, to hold companies that break the law to account, it has repeatedly demonstrated an unwillingness to enforce its own laws when it comes to industry rulebreakers — leaving Albertans to bear the costs and clean up the mess. billion Q2 profits from 2024.
Circuit, the statute governing new railroad lines required the agency to consider a wide range of environmental impacts in deciding whether to approve the line. Agencies need not consider impacts that are remote in space and time, if those impacts are regulated by someone else. According to the D.C. It has two major flaws.
City of New York , plumbing and building trade groups challenged New York Citys Local Law 154 of 2021 , a piece of legislation that prohibits fossil fuel combustion in most new buildings. This blog post discusses Local Law 154, unpacks Judge Abrams decision, and ends with a refresher on California Restaurant Association v.
It’s the government’s job to protect us and the environment from harmful chemicals in plastic…and they need to get on it While the plastics industry claims its products are sanitary and safe, the truth is much more complicated. Governments around the world, including in Canada, are caught up in the powerful plastics industry.
UCLA Law students in the California Environmental Legislation Clinic were fortunate to get to do some research work to assist in the development of the bill.) PROs are industry organizations, and PRO-based EPR laws task industry with coming up with their own plans to manage waste, subject to certain conditions and state oversight.
In addition, the impact statement was governed by the 1970 version of NEPA and the 1978 White House NEPA regulations. It was a surprise that the Supreme Court agreed to hear the case. The facts are quite unusual. Neither of those is in effect today. Thus, the relevance of any ruling to future agency actions is unclear.
The Sabin Center has previously discussed the regulation of OAE here and here. A new Sabin Center report continues the conversation by focusing on the regulation of OAE in Washington State. OAE projects conducted in near-shore areas off the Washington coast may be subject to regulation at the federal, state, tribal and local levels.
Ontarios government is proposing a new law that would give Mayors in 169 small towns and villages Strong Mayor powers. This law could lead to widespread corruption, continued housing shortages, and the destruction of the provinces remaining farmland. This sudden rezoning is now being challenged in court.
Nearly 90 per cent of respondents want the federal government to get toxic chemicals out of products, while 86 per cent support federal action on plastic pollution. People in every part of the country recognize the threat that runaway use of unnecessary plastics poses to our health and the environment, and want our government to tackle it.
A new Sabin Center report explores the lawsgoverning seaweed cultivation and sinking for CDR in Alaska. Seaweed cultivation and sinking are regulated by a number of different laws at the state and federal levels. The ADF&G regulates seaweed cultivation, providing aquatic farm operation permits.
Stakeholders including utilities, regulators, governments, and communities are grappling with these questions in forums across the world, and UCS is currently closely involved in one such conversation playing out in Michigan. Siddique opened by explaining Michigan’s climate law passed in 2023.
As such, although EU and EEA law are distinct, their substance is identical with respect to the core rules of the internal market. In this sense, the EFTA Court also provides for an authoritative judicial clarification of EU law. The EEA Agreement aims to extend the core of the EU internal market to EEA/EFTA States (art.
He will describe how the federal Bipartisan Infrastructure Law, new programs have been established to inventory and properly close orphaned wells. The law allocates $4.7 billion for plugging, remediation, and restoration activities on federal, Tribal, state, and private lands.
At issue in the case is whether New York Citys Local Law 97 of 2019 , the Citys building performance standards aimed at reducing greenhouse gas (GHG) emissions from its largest buildings, is preempted by New York States Climate Leadership and Community Protection Act (CLCPA). City of New York. Field preemption can be express or implied.
Crucially, the funding would also go towards social science, governance, and systems research – an acknowledgment from the NASEM committee that public engagement on emerging technologies, and whether we can govern them effectively, must be an integral part of assessing whether they should move forward.
UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,” which has received attention in the Presidential election campaign.
Canada’s leading environmental law and policy organizations are calling on the Senate to make essential amendments to Bill C-5 before it becomes law. We support responsible national interest projects,” said Theresa McClenaghan, Executive Director and Counsel, Canadian Environmental Law Association.
But the federal government in the United States has failed to address it so far. Opponents will undoubtedly argue that such state-based initiatives conflict with federal law. Aviation is a significant and growing source of greenhouse gas emissions.
2,070 conventional wells-- 66% of those abandoned wells were not required to have a well plugging bond by law. 2,070 conventional wells-- 66% of those abandoned wells were not required to have a well plugging bond by law. 753 well owners covering 81,396 wells did report. 4,946 well owners were required to report. Read more here.
Last Thursday, May 22, the New York State Court of Appeals the States highest court issued a decision upholding New York Citys Local Law 97 of 2019. Local Law 97 is one of the countrys most ambitious municipal climate policies, requiring the Citys largest buildings to comply with increasingly stringent greenhouse gas (GHG) emissions limits.
Recognizing this, federal and state bodies have adopted a number of laws and regulations aimed at ensuring geologic carbon storage proceeds in a safe and responsible way. A number of new state laws focused on geologic carbon storage have been enacted in 2024. Several states are stepping up to the plate.
Department of the Interior (“DOI”) the authority to issue and regulate mineral leases on the Outer Continental Shelf (“OCS”), an area of submerged land typically extending 3 to 200 nautical miles from the U.S. The post Enforcing Legacy Environmental Liabilities for Offshore Oil and Gas Infrastructure first appeared on Climate Law Blog.
Environmental Approvals "Data center development in Pennsylvania typically requires a range of environmental authorizations from the Department of Environmental Protection to be compliant with state and federal laws and regulations. Click Here for a copy of DEP's testimony.
Over the last five years, at least 25 states have expressly preempted local governments from enacting requirements , or even incentives, to construct new buildings that do not rely on natural gas as a fuel source. On December 6, 2024, two local governments finally fought back in court. of Washingtons November 2024 voters.
The Sabin Center for Climate Change Law at Columbia Law School, together with New York Sea Grant, is pleased to announce a writing competition for law students interested in writing on legal and policy issues associated with marine carbon dioxide removal. Articles should be 15,000 words in length.
This is a shocking abdication of responsibility from Canadas financial regulators. Mandatory climate-related disclosure rules are essential for financial regulators to meet their mandates to ensure the stability of the financial system and reduce systemic risk.
The groups, backed by several university scientists, sent a letter to Health Minister Mark Holland on Friday, asking him to put safeguards in place to ensure that impartial PMRA scientists can do their job in service of the public interest and prevent inappropriate industry influence in pesticide regulation.
This suggests that courts should afford substantial deference to agencies in the context of standalone NEPA claims that do not implicate the agency’s obligations under the substantive statutory framework governing the action. Most of these NEPA decisions entail mixed questions of law and fact.
They dont cover government or enterprise data centers. In 2024, the Joyce Foundation examined groundwater governance in the U.S. In 2023, Michigan vowed to source 100% of its utility scale energy from renewables by 2040, although some environmentalists say new laws encouraging data centers could thwart that goal.
The two are not mutually exclusive; effective environmental regulations that protect disadvantaged communities can coexist with job preservation and creation. Studies conducted in New Jersey indicate that many residents believe the government is not doing enough to regulate. However, theres always a but.
Factoring climate impacts and obligations into government decision-making : Courts assessing how government actions account for the impacts climate change will have and governmental obligations to mitigate and respond to climate change.
Shapiro [PaEN] Lead Counsel On Court Cases Striking Down Provisions In Act 13 To Preempt Local Regulation Of Oil & Gas Operations Raises Concerns About Proposed Legislation Establishing A RESET Board To Site Large Energy Projects [PaEN] Gov.
Psilocybin-Assisted Therapy in the Green Mountain State Written by Kathryn Keener and Diana Csank Cannabis laws are loosening, and recent legislative measures in some U.S. states and local governments indicate increased receptivity around psilocybin use, too. Today, cannabis is poised for rescheduling. As Hadas Alterman, Esq.,
These include zoning and building codes, procurement policies, comprehensive plans, green stormwater infrastructure regulations, and more. Click here to learn more about the Smart Surfaces Coalition, and here to view more information on the Sabin Centers large library of other trackers and databases on climate change law topics.
Railroading State Environmental Law: The Surface Transportation Board Preempts All By Benjamin Albertson The Surface Transportation Board (“STB”) has exclusive authority over railroads in the United States and has since the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”). This means such laws will not be preempted by ICCTA.
These pressures are further compounded by social tensions , as Indigenous communities are frequently excluded from decision-making processes, raising concerns about environmental justice and the equitable governance of natural resources. Since 1979, Decree Law No.
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