A More Perfect Union: Why Punish Russia for Crimea?
Highlights from the Oral Argument in Halliburton v. Erica P. John Fund
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
PennDOT to Increase Number of Pennsylvania Bridges with Weight Restrictions
Harvey Miller: Detroit Will Be In Bankruptcy "For A Long Time"
Grayson: Only 1 Agency Should Regulate Wall Street
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
What's So Funny About The U.S. Constitution? Colin Quinn's Unconstitutional: Off-Broadway
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
The Endangered Species Act is a powerful tool for the protection of threatened and endangered species and their habitats. Just how powerful was made clear last week when the 9th Circuit Court of Appeals largely reversed a...more
In this article:
- EPA’s Underlying Authority to Interpret the CAA
- RFS Volume Mandate Reduction Authority under the CAA
- Analysis of EPA’s Authority to Amend the RFS Regulatory...more
The Sixth District Court of Appeal, in a published decision filed September 30, 2013, reversed a grant of summary judgment in favor of defendant City of San Jose in an action challenging its “Envision San Jose” comprehensive...more
State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Center, et al. v. Stone-Manning, et al., Appeal No. 13-35107 (Ninth Circuit Court of...more
This brief addresses whether the City of Tombstone is likely to succeed on its claim that its ability to access and repair the sources of its municipal water located on federal land is not trumped by the federal government’s...more
In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more
For our readers who are keeping tabs on developments in the hydraulic fracturing (“fracking”) industry, we thought you would be interested in Sedgwick’s latest Hydraulic Fracturing News Flash regarding a recent proposal in...more
After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more
On September 26th, 2012, a Mendocino County Superior Court judge declared the Russian River frost protection regulation adopted by the State Water Resources Control Board ("State Water Board") in 2009 to be constitutionally...more
On Friday, September 21, 2012, the Ninth Circuit Court of Appeals issued an important opinion in the developing area of climate-change litigation, affirming the dismissal of a lawsuit that threatened the energy sector with...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
A Pennsylvania Commonwealth Court ruling has struck down a cornerstone of Act 13, which set forth that municipalities must adopt uniform zoning provisions for the development of natural gas as a prerequisite to the receipt of...more
In This Issue:
- Pa. Commonwealth Court Strikes Down Act 13 Zoning Provision
- D.C. Circuit Court Issues Important Ruling on Greenhouse Gas Regulatory Program by M. Ann Bradley & M. Katherine Crockett
- The State...more
On June 21, 2012, the United States Supreme Court ruled that under the Sixth Amendment, before a criminal fine can be imposed for multiple days of violations of the Resource Conservation and Recovery Act, a jury, not the...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 repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more
There are almost 50 days left until the NJ Department of Environmental Protection’s Waiver Rule takes effect on August 1, 2012. That is unless the NJ Senate decides to follow in the path blazed by the Assembly last month to...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
Algemeen verbindend voorschrift, Concretiserend besluit van algemene strekking, Geen zelfstandige normstelling...more
The federal government is currently engaged in a misguided attempt to use a noneconomic statute — the Endangered Species Act — to regulate under its Commerce Clause authority a noneconomic activity, the potential "take" of...more
The United States Supreme Court, in an 8–0 decision (Justice Sotomayor did not participate) written by Justice Ginsburg, ruled on June 20, 2011 that federal common law nuisance claims are not available as a means to impose...more
In the third of our trilogy this week, let's take a look at the Supreme Court's decision in American Electric Power Co. v. Connecticut, No. 10-174 (U.S. 6/20/11).
Readers may recall from our previous posts that in 2004,...more
Article first appeared in The Journal Record - June 9, 2011.
Maybe you’ve heard this one: A hunter asks the game warden whether he may shoot a particular animal.
“No,” replies the warden, “I’m sorry, but the season...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:
Tuesday, April 19, will be a watershed day for climate change litigation as the U.S. Supreme Court hears oral argument in American Electric Power v. Connecticut. At stake is whether states and private parties should be...more
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