courts

Best Climate Anthem? Here’s Your Earth Day Playlist

The pink, orange, and yellow image has a big title over which says "Best Climate Pop" with a press play button the right.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Three years ago, I made the case that Taylor Swift should write a climate anthem because movements need their own music. It hasn’t happened yet.  But if you dig a little deeper than the Billboard Hot 100, there are songwriters today who include environmental messages in their music and they follow in the footsteps of …

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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. 

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Comparing 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 …

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Supreme 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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