Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
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
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
Last month, the 9th U.S. Circuit Court of Appeals declined to re-hear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could be a major hurdle for plaintiffs in...more
On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more
On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held...more
2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months.
1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more
On December 13, the District Court for the District of Columbia dismissed plaintiffs’ challenge in Food and Water Watch v. EPA to the Chesapeake Bay TMDL’s discussion of pollution trading and offsets. As I had previously...more
In a case seeking to compel the Washington Department of Ecology and two regional agencies in the state of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit Court of Appeals ruled that the...more
“Therefore, the court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more
On October 17, 2013, the Ninth Circuit ruled that it lacked jurisdiction to consider a challenge to Washington’s failure to regulate greenhouse gas (GHG) emissions from the state’s five oil refineries under the Clean Air Act....more
Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more
The plaintiffs in the climate change liability suit, Native Village of Kivalina v. ExxonMobil, won’t go quietly. Last Thursday, Plaintiffs filed with the Ninth Circuit Court of Appeals a petition for rehearing en banc...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
The U.S. District Court for the Southern District of Mississippi once again dismissed claims that the oil and coal industries are liable for property damaged by Hurricane Katrina, finding both that the plaintiffs failed to...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
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
The U.S. Supreme Court threaded the needle in its 8-0 decision in AEP v. Connecticut. The Court unanimously ruled that the Environmental Protection Agency's greenhouse gas rulemaking under authority of the Clean Air Act has...more
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
As Congress debates cap-and-trade, new fuel standards, and subsidies for "green" companies, some still feel that political solutions to global warming are not moving fast enough. In the present case, eight states and New York...more
On December 6, 2010, the Supreme Court granted certiorari in American Electric Power Co. v. Connecticut, a federal nuisance case on appeal from the Second Circuit. Plaintiffs -- eight states, the City of New York and three...more
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
At a time when the international community is holding climate change conferences and Congress debates on cap-and-trade, new fuel standards, and subsidies for "green" companies, some still feel that political solutions to...more
In two sharply diverging opinions, the Fifth Circuit Court of Appeals and a northern California district court recently considered the validity of common law tort claims against large emitters of greenhouse gases. The Fifth...more
On September 21, 2009, in a 140-page opinion, the Second Circuit Court of Appeals reversed the district court‘s dismissal of global warming federal nuisance claims brought by eight states, the City of New York, and various...more
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