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Public Trust Doctrine Environmental Policies

Jones Day

Youth Climate Litigation and the Legacy of Juliana

Jones Day on

At the beginning of 2024, young American climate litigants seemed poised for success. In December 2023, the prominent case of Juliana v. United States (Case No. 6:15-CV-01517) had survived—in part—a motion to dismiss in the...more

ArentFox Schiff

Can a ‘Tsunami’ Wash Away a Sea Change? Recent Supreme Court Administrative Decisions and Environmental Regulation

ArentFox Schiff on

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more

Holland & Hart LLP

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

Holland & Hart LLP on

A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

Pillsbury Winthrop Shaw Pittman LLP

An Updated Look at Civil Liability and Litigation Risks Associated with Climate Change

Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate. ...more

Nossaman LLP

New Lawsuit Tests Application of Public Trust Doctrine to Groundwater, Well Permits and SGMA

Nossaman LLP on

On June 23rd, California Coastkeeper Alliance (CCKA) filed the lawsuit California Coastkeeper Alliance v. County of Sonoma (Case No. SCV-268718) in Sonoma County Superior Court. According to CCKA’s website, the suit was filed...more

Farrell Fritz, P.C.

Community Garden Found Not To Be Parkland And Not Subject To Public Trust Doctrine

Farrell Fritz, P.C. on

A recent ruling by the Appellate Division, Second Department, Matter of Coney Island Boardwalk Community Gardens v City of New York, concerned the fate of a parcel of land located at the Coney Island boardwalk. That parcel...more

(ACOEL) | American College of Environmental...

A Hard Look at the Environmental Rule of Law

Years in the making, the first global report on the Environmental Rule of Law (ERL) was issued by the United Nations Environment Program and the Environmental Law Institute (ELI) in January 2019.  The report is a...more

Jones Day

Is Fossil Fuel Running on Empty? The Implications of Climate Change Mitigation

Jones Day on

The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy. The Result: In the near term, it is easy to...more

Allen Matkins

Groundwater Pumpers Beware: The Public Trust Doctrine is Lurking

Allen Matkins on

The Third District Appellate Court recently issued a long-awaited decision in Environmental Law Foundation vs. State Water Resources Control Board (ELF v. SWRCB). The decision confirms the expansive scope of California's...more

Foley Hoag LLP - Environmental Law

The Atmosphere Is a Public Trust. So What?

The last frontier of citizen climate litigation has been state-based litigation alleging that states have a public trust obligation to mitigate climate change. As I have previously noted, I’m skeptical that these cases are...more

Foley Hoag LLP - Environmental Law

EPA May Be Regulating GHGs, But Private Litigation Still Looks to be On Shaky Ground

In a case of interesting timing, three days after EPA announced its proposed GHG rules for existing facilities, the D.C. Circuit affirmed dismissal of a case seeking an injunction against EPA and other federal defendants...more

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