Read Environmental Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
Uncertainty Surrounds Illinois’s Nationally-Watched Collaborative Legislation On Fracking
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
Local Governments Continue to Fight States for Right to Govern Fracking
Deryck Palmer on What’s Next for the Energy Sector
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
Are EPA Regulations or Market Factors More to Blame for Potential Coal Plant Closures?
Regulatory Challanges When Bringing a Vehicle to Market in the United States
Pacific Northwest Positioned to Be Hub for Great Sustainable Transportation Economy
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
LEED Certification Basics and the Rise of Green Building—Lori Wisniewski Azzara
Vermont Becomes the First State to Outlaw Fracking—Stone Pigman's Keith Hall
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more
Lauded as the CEQA Modernization Act of 2013, Senate President Pro Tem Darrell Steinberg’s SB 731 includes a number of amendments to CEQA that appear intended to appeal to a wide variety of interest groups. SB 731 replaces...more
In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more
A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more
In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more
In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more
In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more
In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more
While no California Environmental Quality Act (“CEQA”) reform was achieved by the California Legislature in its last session, Senate President Pro-Tem Darrell Steinberg has indicated in a recently-issued statement that it...more
What you need to know: The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more
The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more
In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more
The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more
As reported on September 27, 2012, the West Virginia Supreme Court of Appeals was recently presented with a certified question concerning whether surface rights owners may bring a court action to challenge gas well drilling...more
Although SRRA seems to be thorough and well written, there will be amendments to laws that were not anticipated or addressed in the legislative process that could be problematic for persons remediating property....more
In Preserve Wild Santee v. City of Santee, the court immersed itself in an EIR’s evaluation of the impacts of a large residential project proposing 1,395 homes and 1,400 acres of open space preserve. The court upheld the...more
On September 25, 2012, the West Virginia Supreme Court of Appeals entertained oral arguments in the case of James Martin, Director v. Matthew L. Hamblet, Docket No. 11-1157. This appeal arises from a ruling issued by the...more
Once lauded by the Harvard Business Review as a “Breakthrough Idea of 2010,” the promise of an innovative financing method for residential renewable energy and energy conservation retrofits under Property Assessed Clean...more
Following up on previous posts (see February and May archives), the City of Berkeley Respondents and the Kapors (Real Parties in Interest) filed their joint 80-page opening brief on the merits on July 27 in Berkeley Hillside...more
A court of appeal recently held a county ordinance that allows sequential lot line adjustments is consistent with exclusion of lot line adjustments from the requirements of the Subdivision Map Act (“Map Act”). The court also...more
In its recent decision in The Corporation of the City of Kawartha Lakes v. Director, Ministry of the Environment (Kawartha Lakes) issued on May 28, 2012, the Divisional Court affirmed the reasoning of the Environmental Review...more
Some CEQA practitioners think the sheer volume of published CEQA opinions demonstrates the need for reform – res ipsa loquitur, so to speak. Recently a litigation mentor of mine, a brilliant man who was at the forefront of...more
After the oral argument Sackett v. EPA presaged where the decision was coming down, I raised the question whether EPA would try to persuade district courts that nothing really had changed. On occasion, I call them correctly....more
Supreme Court Allows for Judicial Review of Clean Water Act Wetlands Designations In March of this year, the Supreme Court reversed a lower court decision holding that a property owner could only challenge an EPA...more
Federal courts placed a premium on up-to-date legal work in their 2011 Superfund decisions, as decisions turned increasingly on careful compliance with the latest pleading requirements and closer readings of the statutory...more
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