Environmental Conflict of Laws Constitutional Law

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Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

House Passes Legislation Which Would Prohibit Department of the Interior from Enforcing Federal Fracturing Regulations

On November 20, 2013, the House of Representatives passed H.R. 2728, Protecting States’ Rights to Promote American Energy Security Act, which was introduced by Representative Bill Flores (R-Texas)...more

The Atomic Energy Act Preempts Vermont’s Efforts To Close Vermont Yankee: Sometimes, Legislative Intent Is Just Too Clear To...

Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont’s efforts to close Vermont Yankee. Although three separate Vermont statutes were at issue, and Entergy made both preemption and...more

N.Y. Appellate Court: Municipalities Can Ban O&G Activity

An intermediate appellate court in New York recently affirmed that a local government has the authority to enact zoning ordinances banning all oil and natural gas activities within municipal limits. In 2011, the Town of...more

Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

Federal Court Holds Local Law Preempted By ESA Settlement

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

CITY OF MONTPELIER v. BARNETT, et al.

Vermont Supreme Court, Brief of Appellee City of Montpelier

Water law; Public Trust Doctrine case involving municipal enforcement of public "no access" policy with respect to municipal water supply in State waters; argument of defendants-Appellants includes conflict of law and ultra...more

Supreme Court Rejects States’ Nuisance Claims But Leaves Door Open to Future Climate Change Lawsuits

Today, the U.S. Supreme Court ruled in American Electric Power v. Connecticut that federal common law nuisance claims cannot be used to address harms arising from climate change. In 2004, eight states, New York City, and...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

Supreme Court to Hear Appeal of Connecticut v. American Electric Power

The Supreme Court of the United States has granted certiorari in the Second Circuit's Connecticut v. American Electric Power decision, which allowed federal common law nuisance claims to proceed against several utilities...more

ECOPERSONALISMO E DIREITO AO MEIO AMBIENTE

O objetivo do presente artigo consiste em refletir brevemente sobre as consequências, no âmbito do direito ao meio ambiente, das diferentes concepções sobre a relação entre o ser humano e a natureza, isto é, o modelo...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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