Environmental Conflict of Laws Administrative Agency

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EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

Law Prof: The Clean Air Act Needs a Reboot  [Video]

Feb. 24, 2014 -- Professor David Schoenbrod talks about some of the inadequacies of The Clean Air Act along with potential solutions to the problem....more

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

Impossible and Useless CEQA Review Is Required If City Opts Under Elections Code to Adopt Legislative Project Approvals Proposed...

In a case notable for its unique conception of “meaningful discretion” for purposes of triggering CEQA review, the Fifth District Court of Appeal has created a split in authority that will undoubtedly require Supreme Court...more

Litigation Update: California Supreme Court Grants Review Of L.A. Light Rail Case

On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more

D.C. Circuit Rebuffs Challenges to EPA’s Climate Change Regulations

In considering the most serious efforts to date to invalidate the federal climate change regulations, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld several of EPA’s Clean Air Act greenhouse gas (GHG)...more

Florida Water Quality Standards in Flux Due to Challenges at Federal and State Level; UPDATED: Administrative Ruling issued June...

The final standards that set numeric limits/criteria regarding the amount of nutrient pollution allowed in Florida’s lakes, rivers, streams, and springs are being challenged in federal court. These Water Quality Standards for...more

Clean Water Act Orders Subject to Pre-Enforcement Review

Supreme Court decision determines that the Clean Water Act's statutory scheme does not preclude judicial review of EPA's jurisdiction in enforcement cases. In a much-anticipated decision, Sackett v. EPA, 566 U.S. ______...more

Pennsylvania Passes Comprehensive Amendments to Oil and Gas Laws

On February 13, Governor Tom Corbett signed House Bill 1950, amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes. This legislation, most of which will become effective on April 13, imposes a drilling...more

Ley 24.051 ¿Una ley derogada o vigente?

La ley 24.051 de residuos peligrosos, en su faz administrativa, ha sido orgánicamente derogada por la ley 25.612 de residuos industriales y de actividades de servicios. Pese a ello, la ley 24.051 aún continua...more

Busy Times in Climate Change Regulation

In This Alert: In the Courts: Supreme Court Weighs In Again on Greenhouse Gas Regulation; In Congress: Efforts Stall to Rein In EPA Authority to Regulate Greenhouse Gases; At EPA: The Rulemaking Process Lumbers On; and...more

Judge Gold Orders Fed Takeover of Florida Water Oversight: Governor Scott Appeals

During the same week that history was made as the Chairman of the Federal Reserve gave the first press conference ever offered by the Fed (ever), a federal district judge in Miami opened the doors for the federal government...more

Função Ambiental - Antonio Herman Benjamin

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

EPA's New Source Performance Standard Does Not Apply To Discharges of Mining Slurry Regulated Under Section 404 of The Clean Water...

On June 22, 2009, the United States Supreme Court held that the new source pollution standards in Section 306(b) of the Clean Water Act (the “CWA”) did not apply to discharges of slurry from a rehabilitated “froth-flotation”...more

Parques urbanos: a natureza na cidade - uma análise da percepção dos atores urbanos

Parques urbanos têm sido criados em todo o mundo desde o século XVIII, com objetivos de amenizar os problemas sociais e ambientais citadinos gerados pelo crescimento urbano desordenado. Esses espaços...more

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