courts
The Top-Ten Lower Court Decisions on Environmental Law
Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions.
CONTINUE READINGComparing Canadian and US Environmental Law: Judicial Review
In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements. I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries. But …
Continue reading “Comparing Canadian and US Environmental Law: Judicial Review”
CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …
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