Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Do you know the restrictions for a probationary driver in New Jersey?
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Legal Rights When Moving - Interview of Larry Bodine on Better Kansas City KCTV 5
Larry Bodine's Interview on News 4 Jax (WJX4)
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Does Canada Need a New Uniform Arbitration Law?
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
Serving Legal Documents Through Social Media
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Viewer's Guide to Gay Marriage Oral Arguments
Arbitration - An Alternative to Litigation for Dispute Resolution
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Street Legal Cars
Newsbreak: Surprising Results in Three Cases
Will The Debt Ceiling Standoff End Up In Court?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the...more
In Golden Gate Land Holdings LLC v. East Bay Regional Park District (4/12/13 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First District Court of Appeal explored the scope and proper application of CEQA’s...more
The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more
The Supreme Court had oral arguments last Monday (December 3) in Decker v. Northwest Environmental Defense Center, just after EPA the previous Friday (November 30) surprisingly issued a new rule clarifying that a NPDES permit...more
Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New...more
The United States Supreme Court recently agreed to hear a case brought by a property owner who challenged permit conditions imposed by the St. Johns River Water Management District for permits to develop a portion of the...more
In the August 2010 issue of Earth Matters, we reported on the Court of Appeals’ decision in Matter of Save the Pine Bush v. Common Council of City of Albany, 13 N.Y.3d 297 (2009) (“Save the Pine Bush”), which liberalized the...more
The plaintiffs in the climate change liability suit, Native Village of Kivalina v. ExxonMobil, won’t go quietly. Last Thursday, Plaintiffs filed with the Ninth Circuit Court of Appeals a petition for rehearing en banc...more
I finally had an opportunity to review the recent Final Decision in In the Matter of Palmer Renewable Energy, concerning the proposed Palmer biomass facility. Last week, MassDEP Commissioner Ken Kimmell affirmed the...more
On August 23, 2012, the United States Court of Appeals for the Ninth Circuit issued an order in San Luis & Delta Mendota Water Authority, et al. v. Salazar, et al., Appeal No. 11-17143, granting Appellees' motion to dismiss...more
The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more
The Supreme Court has agreed to review two Ninth Circuit Court of Appeals Clean Water Act (“CWA”) cases. Both cases involve the extent to which certain releases are properly categorized as point source discharges and must...more
The United States District Court in Syracuse has issued a preliminary injunction against Oswego County to prohibit it from enforcing the 2011 Flow Control Law against JWJ Industries, Inc. and Jeff Holbook. The Court...more
The U.S. District Court for the Southern District of Mississippi once again dismissed claims that the oil and coal industries are liable for property damaged by Hurricane Katrina, finding both that the plaintiffs failed to...more
Courts have traditionally construed federal jurisdiction of environmental statutes expansively, consistent with their remedial intent. However, recent opinions in Voggenthaler v. Maryland Square, LLC, Case 2:08-cv-1618 (D....more
Without comment, the Arizona Supreme Court yesterday declined to hear an appeal of the Court of Appeals' decision in the legal battle over the state's Renewable Energy Standard and Tariff (REST) rules. The appeal was sought...more
Corporations now have the ability to file citizen suits to assert public interests without facing heightened scrutiny by the courts. The California Supreme Court ruled that a coalition of plastic bag manufacturers and...more
In a closely watched decision, the California Supreme Court upheld Manhattan Beach’s ordinance banning the use of plastic bags. The decision is significant because it changes the standing requirements for corporations...more
The U.S. Supreme Court threaded the needle in its 8-0 decision in AEP v. Connecticut. The Court unanimously ruled that the Environmental Protection Agency's greenhouse gas rulemaking under authority of the Clean Air Act has...more
On April 27, EPA issued a draft of its controversial new Guidance on Identifying Waters Protected by the Clean Water Act (“Guidance”). The guidance is the latest effort by EPA and the Army Corps of Engineers (the “Agencies”)...more
The Pacific Coast Federation of Fishermen's Association and the Natural Resource Defense Council were denied intervention in a takings case arising out of the San Joaquin River Restoration Settlement Act. The takings case,...more
On Friday the Illinois Supreme Court published its Call of the Docket [pdf] for the May term, and the Court will hear oral argument in five civil cases. The cases, with the issue or issues presented in each, are: May...more
Article on 7th Circuit opinion upholding the dismissal of a lawsuit seeking to prevent the Village of Rockton's acquisition of utility assets. This article was written by Dave Scriven-Young, an attorney with Peckar &...more
This comment discusses Connecticut v. American Electric Power Co. (“AEP”), in which the Court of Appeals for the Second Circuit announced that the federal common law of nuisance could potentially provide the basis...more
Takings case involving that National Park Service was dismissed for failure to timely file the lawsuit, and the remaining claims were transferred to a federal district court in the Western District of Washington. But this...more
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