Mississippi Federal Court Sacks Climate Change Lawsuit for a Second Time by Sedgwick LLP on 4/13/2012 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
Minnesota Legislature Takes A Break by Winthrop & Weinstine, P.A. on 4/9/2012 The Minnesota Legislature had another busy week in St. Paul with hours-long floor sessions that included the passage of many omnibus bills and approval of conference committee reports. Lawmakers are now headed home for their...more
Added Wrinkle to Lead Shot Issue by Davis, Brown, Koehn, Shors & Roberts, P.C. on 3/26/2012 The week after the second funnel was relatively uneventful. Dozens of bills died as a result of Joint Rule 20 and can only be resurrected as amendments to another bill, joint leadership sponsorship or as part of the standing...more
RCRA Citizen Suits Are Still Constitutional by Foley Hoag LLP - Environmental Law on 3/14/2012 2012 is shaping up to be the Year of the Commerce Clause. Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a...more
Subject Matter Jurisdiction Under RCRA: Testing the Limits of the Commerce Clause in a Citizens' Suit by Sedgwick LLP on 3/13/2012 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
In a Landmark Decision, the Texas Supreme Court Recognizes Vested Property Interest in Groundwater "In Place" by Jackson Walker on 2/29/2012 On February 24, 2012, the Texas Supreme Court issued its long-awaited decision in Edwards Aquifer Authority v. Day, one of the most significant water law cases in years. In a unanimous decision, the Court ruled that,...more
Sauce For the Goose? Home Builders Lose a Standing Battle by Foley Hoag LLP - Environmental Law on 12/11/2011 Developers have cheered in recent years as the Supreme Court has tightened its standing rules. In a decision issued on Friday in National Association of Home Builders v. EPA, the Court of Appeals for the District of Columbia...more
Marzulla Law Legal Report - September 2011 by Nancie G. Marzulla on 10/27/2011 In This Issue: - Court Upholds Landowner's Contract-Based Mineral Rights In the Elmore/Road Rock, Inc. v. Florida Power & Light breach of contract case, Judge Robert A. Rosenberg of the Complex Litigation Unit of...more
CEQA Mitigation On Conservation Easement Lands: How a Plea to Legislators Killed a Threat to Farmers’ Property Rights (For Now) by Miller Starr Regalia on 10/10/2011 Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more
Township Solicitor Asks Court to Take Initiative Banning Drilling off the Ballot by Duane Morris LLP on 10/3/2011 Voters in Pennsylvania's Peters Township will never see a referendum banning oil and gas drilling if a Common Pleas judge sides with the township solicitor and blocks the question from appearing on the November...more
Arizona Supreme Court Denies Goldwater Institute's Appeal in Lawsuit Over REST Rules by Lewis and Roca LLP on 9/21/2011 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
Environmental Lawsuit Against McDonald's Corp. Dismissed for Lack of Standing by Dave Scriven-Young on 9/21/2011 Article on recent federal court opinion dismissing an environmental lawsuit against McDonald's Corp. dismissed for lack of standing. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC,...more
Annotatie JB 2011/183 by Harald Wiersema on 8/19/2011 Algemeen verbindend voorschrift, Concretiserend besluit van algemene strekking, Geen zelfstandige normstelling...more
We're People Too: Corporation Have Standing to File CEQA Citizen Suits by Sheppard Mullin Richter & Hampton LLP on 8/12/2011 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
Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences by Sheppard Mullin Richter & Hampton LLP on 8/11/2011 In this case, the Court of Appeal for the Fourth District held that a city may defend itself against a California Environmental Quality Act challenge by invoking a statutory exemption even if the city has prepared an EIR for...more