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
In a draft complaint circulated to its members this week, the Joint Landowners Coalition of New York—a group of pro-drilling landowners—laid out several claims against state agencies and Governor Andrew Cuomo as a result of...more
In Voggenthaler v. Maryland Square LLC, 724 F.3d 1050 (9th Cir. 2013), the defendants argued that contamination that happened in Vegas, stayed in Vegas, and therefore the Commerce Clause barred the application of CERCLA. The...more
On Wednesday, in Bell v. Cheswick Generating Station, the 3rd Circuit Court of Appeals revived class action nuisance claims brought by residential property owners living within one mile of GenOn’s Cheswick Generating Station....more
As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more
A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not...more
In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more
To paraphrase Shakespeare, United States v. Sterling Centrecorp, Inc., is a great feast of legal argument. The PRP in that case purchased the assets of a mining company whose operations in California had caused releases of...more
Originally Published in Law360 on March 28, 2013.
Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more
Under a new U.S. Supreme Court decision, businesses of all kinds may be entitled to compensation for temporary flooding of their land caused by government flood control projects.
In 2011, the Federal Circuit Court of...more
Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New...more
The United States Supreme Court recently agreed to hear a case brought by a property owner who challenged permit conditions imposed by the St. Johns River Water Management District for permits to develop a portion of the...more
In This Issue:
- Federal Government Admits To Liability In Land Takings:
The Otay And Bassett Cases
Sometimes the evidence of a taking is so overwhelming that even the federal government has to concede liability....more
Environmental decisions involving water quantity and quality affect us all. After all, water in lakes, streams, and aquifers is a resource that many users must share for a multitude of purposes. And water is a...more
Just a decade ago in Palazzolo v. Rhode Island, the Supreme Court rejected the idea that those who buy property subject to burdensome regulations lose the right the seller otherwise has to challenge those regulations. The...more
A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more