Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Handling Post-Conviction Death Penalty Cases Pro Bono | McKenzie Edwards | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Supreme Court Miniseries: Tribal Rights in the 21st Century
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
AGG Talks: Home Health & Hospice - Reimbursement Audits and Appeals
After ALJ: Options and Opportunities in the Face of an Unfavorable ALJ Decision
Understanding the SCOTUS Shadow Docket | Steve Vladeck | Texas Appellate Law Podcast
Podcast: The Legal Battle Over Mifepristone - Diagnosing Health Care
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Law Brief®: Rich Schoenstein and New York State Senator Luis Sepúlveda Discuss The Chief Judge Controversy
Appellate Justice for Domestic Violence Survivors
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
The Evolution of Texas Appellate Practice| David Keltner | Texas Appellate Law Podcast
Podcast: California Employment News - Time to Do Away With Rounding Policies
Two Federal Courts Deal Blow to Biden Administration’s Federal Student Loan Forgiveness Program: A Close Look at the Decisions
This Am Law 50 senior counsel cements his authority through two appellate analytics blogs - Legally Contented Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Reflections on 100 Episodes | Texas Appellate Law Podcast
Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
Until today someone appealing a decision by a local conservation commission under both the Massachusetts wetlands protection act and a local wetland protection bylaw had to appeal the decision under the Massachusetts law to...more
On January 24, 2022, the United States Supreme Court granted an appeal to reconsider the extent of federal Clean Water Act (CWA) jurisdiction involving wetlands on a couple’s property in Idaho. The appellants (the Sacketts)...more
The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more
Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more
No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not...more
The United States Court of Appeals for the District of Columbia (“Court”) addressed in a November 13th decision a challenge to a United States Environmental Protection Agency (“EPA”) decision regarding a Comprehensive...more
The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more
In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more
Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more
On Tuesday, the Massachusetts Appeals Court denied a regulatory takings claim brought by a plaintiff whose development plans for her property in Falmouth were denied by the Falmouth Conservation Commission. Plaintiff’s...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more
A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more
• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more
The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more
The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more
In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more
On April 4, the U.S. Court of Appeals for the Third Circuit decided the case of Mirabella v. Villard, et al., a civil rights case brought under 42 U.S.C. § 1983, alleging, inter alia, violations of their First Amendment...more
Seyfarth Synopsis: The U.S. Army Corps of Engineers (USACE) has just issued a Regulatory Guidance Letter which provides to property owners (including developers) the right of appeal USACE Approved Jurisdictional...more
Massachusetts is a Home Rule state (Commonwealth, actually, but that’s a separate issue). Our 351 cities and towns can pretty much legislate as they please, so long as the local action is not preempted. Our state Wetlands...more
Environmental and Policy Focus - Metropolitan Water District completes $175-million purchase of Delta islands - Los Angeles Times - Jul 18 - Metropolitan Water District (MWD) this Monday completed the...more