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Environmental Constitutional Law

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

by Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

A Trial on Climate Change Claims Against the United States? What Fun!

Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to...more

District Court Inclined To Dismiss Action Challenging EO 13771

On February 26, the U.S. District Court for the District of Columbia dismissed, for lack of jurisdiction, a challenge to the President’s Executive Order 13771, and two guidance documents issued by the Office of Management and...more

Ninth Circuit Denies Without Prejudice, Government’s Mandamus Petition to Stop the Oregon Climate Change Case Brought by Minors

Today the U.S. Court of Appeals for the Ninth Circuit issued its opinion in In re United States of America. As summarized by the Ninth Circuit, “twenty one young plaintiffs” filed a complaint in the Portland, OR federal...more

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

by Morrison & Foerster LLP on

Last Monday, February 26, 2018, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide...more

Prop 65 Preliminary Injunction and “Fake News”

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the “Fake...more

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

A Federal Court Gets Opportunity to Weigh In on Prop 65 With a Little Help from Some Friends

Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018. And that makes sense since there will be significant changes to the warnings, responsibility, and...more

End of the Road for the Utah Prairie Dog’s Iconic Commerce Clause Status

Last March, the U.S. Court of Appeals for the Tenth Circuit revered the District Court’s ruling that the U.S. Fish and Wildlife Service (Service) could not subject the Utah Prairie Dog to Endangered Species Act-protected...more

December 2017: Energy Litigation Update

Recent Federal Decisions on the Constitutionality of State Power-Plant Subsidies. Given an absence of a federal scheme to subsidize power plants that may provide certain benefits (like low carbon emissions) that are not fully...more

To Protect Wildlife, or Religious Freedom?

That was the question before the Deschutes County Board of Commissioners earlier this month. The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in...more

Petitioner’s Failure To Comply With Discovery Regarding Its Standing To Sue Results In Dismissal Of CEQA Case

by Perkins Coie on

A CEQA case challenging the City of Wildomar’s approval of a Wal-Mart retail complex has been dismissed because the petitioner refused to comply with discovery requests regarding its standing to sue. Creed-21 v. City of...more

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

by Best Best & Krieger LLP on

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in...more

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Snell & Wilmer on

The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018. While discussions focused on...more

California Supreme Court Holds Groundwater Pumping Charges Are Not Property-Related Charges Subject to Proposition 218 - Case May...

by Best Best & Krieger LLP on

The California Supreme Court concluded recently that a local water agency’s groundwater pumping charges are not property-related charges subject to the substantive and procedural requirements of California Constitution...more

Top 10 Questions to Consider If Sued Under RCRA’s Citizen Suit Provisions

by Beveridge & Diamond PC on

No longer only a tool of public interest groups, an ever expanding group of plaintiffs – including commercial plaintiffs – are using the citizen suit provision of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C....more

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

“Trespass is Fine with Us” sayeth the 10th Circuit

by Clark Hill PLC on

Free speech is a cherished constitutional right although not at Berkeley, it seems. Our courts usually bend over backwards to protect it. Over the years, the term “speech” has been stretched to cover not just the spoken word...more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

by Nossaman LLP on

According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

How Due Process Will Wither and Die under California’s New Air Contaminant Law: AB 1132 Authorizes Air Districts to Shut Down...

Governor Jerry Brown signed Assembly Bill 1132 (“AB 1132”) into law on August 7, 2017. The bill, authored by Democratic Assemblymember Cristina Garcia, adds Section 42451.5 to the Health and Safety Code which authorizes air...more

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