Events

Supreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit

This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals.  The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …

CONTINUE READING

Supreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases

The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history)  In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …

CONTINUE READING

In the Supreme Court’s Crosshairs: the Ninth Circuit’s Environmental Jurisprudence

All eyes will be on the U.S. Supreme Court this week, as the justices conclude their current Term and, among other things, issue their long-awaited decision(s) on the constitutionality of the newly-enacted federal healthcare law. But the Supreme Court also has some other, key decisions to make as to whether to take up four controversial environmental cases from …

CONTINUE READING

May 17th Sacramento Lunch on California Infill Policies, Featuring State Sen. pro Tem Darrell Steinberg

For those planning to be in the Sacramento area next Thursday, May 17th, please join us for a lunch event on California’s land use policies, featuring a keynote address by State Senate President pro Tem Darrell Steinberg. Here are the details: The Future of Infill:  How CEQA Reform and the End of Redevelopment Will Affect …

CONTINUE READING

The Public Trust Doctrine Revisited

The U.C. Davis Law Review has just published its annual, symposium issue, this year devoted to the Public Trust Doctrine. Back in 1980, the U.C. Davis Law School sponsored a first-ever conference focusing on the public trust doctrine’s role in modern environmental law.  A year later, the U.C. Davis Law Review published a symposium volume dedicated …

CONTINUE READING

U.C. Davis Issues Nitrates in Drinking Water Study

The University of California at Davis has issued an important new study assessing the public health hazards associated with nitrates in California drinking water. The study, led by U.C. Davis Professors Thomas Harter and Jay Lund, contains some important and disturbing findings.  The full study can be found here, the Executive Summary here. The new …

CONTINUE READING

Supreme Court Grants Review in Takings/Flooding Case

The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …

CONTINUE READING

Supreme Court Sides With Property Owners in Wetlands Dispute With USEPA

The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …

CONTINUE READING

Monsieur Fouche, Meet Professor Gleick

By now, Peter Gleick’s ethical indiscretions concerning the Heartland Institute are old news.  But for lawyers, they raise particularly interesting ethical issues because they highlight the question of really, whether there were ethical barriers broached at all. I initially thought that this was obviously the case: someone in my profession would get disbarred for doing …

CONTINUE READING

BP Reaches Partial Settlement in Deepwater Horizon Oil Spill Litigation

Late Friday, U.S. District Court Judge Carl Barbier announced a legal settlement between British Petroleum and thousands of individuals and businesses that had sued BP for damages arising out of the 2010 Deepwater Horizon oil disaster in the Gulf of Mexico. According to a New York Times report, BP has agreed to pay $7.8 billion …

CONTINUE READING

TRENDING