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Conflict of Laws Environmental Constitutional Law

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:

Public Trust Doctrine & Water Rights - The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in...

by Best Best & Krieger LLP on

A case currently pending in the Ninth Circuit raises a significant and novel issue of western water law. The case addresses whether the public trust doctrine can authorize modification of a water rights decree and...more

California Environmental Law & Policy Update - August 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

Gas Lines to Pipelines: The Case for Comprehensive Federal Energy Legislation

by Mintz Levin on

We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

Ballard Spahr Lawyers Turn Back Robinson Township Challenge to Waste-to-Energy Facility

by Ballard Spahr LLP on

Although some have suggested that Robinson Township, et al. v. Commonwealth, a 2013 Pennsylvania Supreme Court ruling that struck down key provisions of a state law regulating the oil and gas industry, could impair...more

Environmental and Energy: Hydraulic Fracturing: Courts and Localities Act Where New York State Fears To Tread (7/14)

In an opinion issued on June 24, 2014, the New York Court of Appeals upheld the zoning laws adopted by the Towns of Dryden and Middlefield to ban oil and gas production activities, including hydraulic fracturing, within their...more

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

by Wilson Elser on

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

by Nelson Brown & Co. on

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

House Passes Legislation Which Would Prohibit Department of the Interior from Enforcing Federal Fracturing Regulations

by Stoel Rives LLP on

On November 20, 2013, the House of Representatives passed H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, which was introduced by Representative Bill Flores (R-Texas)...more

The Atomic Energy Act Preempts Vermont’s Efforts To Close Vermont Yankee: Sometimes, Legislative Intent Is Just Too Clear To...

Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont’s efforts to close Vermont Yankee. Although three separate Vermont statutes were at issue, and Entergy made both preemption and...more

N.Y. Appellate Court: Municipalities Can Ban O&G Activity

An intermediate appellate court in New York recently affirmed that a local government has the authority to enact zoning ordinances banning all oil and natural gas activities within municipal limits. In 2011, the Town of...more

Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

by Nossaman LLP on

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

Federal Court Holds Local Law Preempted By ESA Settlement

by Nossaman LLP on

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

CITY OF MONTPELIER v. BARNETT, et al.

Vermont Supreme Court, Brief of Appellee City of Montpelier

by Glenn Howland on

Water law; Public Trust Doctrine case involving municipal enforcement of public "no access" policy with respect to municipal water supply in State waters; argument of defendants-Appellants includes conflict of law and ultra...more

Supreme Court Rejects States’ Nuisance Claims But Leaves Door Open to Future Climate Change Lawsuits

by Morrison & Foerster LLP on

Today, the U.S. Supreme Court ruled in American Electric Power v. Connecticut that federal common law nuisance claims cannot be used to address harms arising from climate change. In 2004, eight states, New York City, and...more

Função Ambiental - Antonio Herman Benjamin

1. Introdução: O ambientalismo como fenômeno universal - 2. A evolução da preocupação ambiental e o despertar do Direito - 3. Direito Administrativo e Direito Ambiental: Exportação e importação à origem da noção de função...more

Supreme Court to Hear Appeal of Connecticut v. American Electric Power

by McDermott Will & Emery on

The Supreme Court of the United States has granted certiorari in the Second Circuit's Connecticut v. American Electric Power decision, which allowed federal common law nuisance claims to proceed against several utilities...more

ECOPERSONALISMO E DIREITO AO MEIO AMBIENTE

O objetivo do presente artigo consiste em refletir brevemente sobre as consequências, no âmbito do direito ao meio ambiente, das diferentes concepções sobre a relação entre o ser humano e a natureza, isto é, o modelo...more

Parques urbanos: a natureza na cidade - uma análise da percepção dos atores urbanos

by Lucas de Alencar Oliveira on

Parques urbanos têm sido criados em todo o mundo desde o século XVIII, com objetivos de amenizar os problemas sociais e ambientais citadinos gerados pelo crescimento urbano desordenado. Esses espaços...more

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