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Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...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

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

by Nossaman LLP on

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

by K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

2015 Florida Legislative Update: Environment, Growth Management and Water

by Holland & Knight LLP on

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

Court Holds Congress Lacks Power to Regulate Take of Intrastate Species that Has No Substantial Effect on Commerce

by Nossaman LLP on

On November 4th, the U.S. District Court for the District of Utah invalidated the special rule issued by the U.S. Fish and Wildlife Service (Service) regulating take of the threatened Utah prairie dog, a species that only...more

US Supreme Court Denied Certiorari Regarding the Constitutionality of California's Low Carbon Fuel Standard

by Latham & Watkins LLP on

Today, the US Supreme Court denied certiorari regarding the constitutionality of California’s Low Carbon Fuel Standard (LCFS) in Rocky Mountain Farmers Union v. Corey. ...more

California Environmental Law and Policy Update

by Allen Matkins on

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

Opposition to Genetically Engineered Crops Goes Local: Municipal Laws Seek to Ban GMOs

by BakerHostetler on

A recent effort by two Los Angeles city councilmen to ban the sale and cultivation of genetically modified organisms (GMOs) signals an emerging trend in the attack against crop biotechnology. Municipalities in a number of...more

Casitas Municipal Water District v. United States

Amicus brief

by Nancie G. Marzulla on

Pacific Legal Foundation filed an amicus brief in the Casitas takings case, involving a municipal water district's water supply and public demand for water under the federal Endangered Species Act. PLF's brief argues that...more

Sacramento Grazing Ass'n, Inc. v. United States

Decision on Cross-Motions for Summary Judgment

by Nancie G. Marzulla on

A federal judge in the U.S.Court of Federal Claims has denied the Government's motion for summary judgment on the question of whether the U.S. Forest Service has taken a rancher's water rights for its cattle on the...more

The Estate of Wayne Hage v. United States

Final Judgment Award

by Nancie G. Marzulla on

Former chief judge Loren Smith of the U.S. Court of Federal Claims entered final judgment in a water rights takings case. The award brought closure to a 17 year-long lawsuit ending in favor of a ranching family: “The court...more

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