Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Hot Topics for Waste-to-Energy Investors and Developers
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
Deryck Palmer on What’s Next for the Energy Sector
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
Regulatory Challanges When Bringing a Vehicle to Market in the United States
New Consumer Product Regulations: Manufacturers, Importers and Retailers Need to Prepare
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke
Is Fracking Safe?
California Redevelopment Agency Update: The Implications of the Matosantos Decision
Vapor Intrusion: A Game-Changer in How Property is Being Evaluated by Regulators & Lenders
Protecting and Perfecting Condominium Entitlements in a Down Economy
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
Sommario: 1. Premessa - 2. Il riparto costituzionale di competenza legislativa - 3. Normazione regionale e gestione dei rifiuti - 3.1. L'adeguamento dell'ordinamento regionale alla normativa statale - 3.2. I compiti della...more
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