Events
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 …
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CONTINUE READINGSupreme 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 …
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CONTINUE READINGMonsieur 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 …
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CONTINUE READINGBP 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 …
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CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …
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CONTINUE READINGU.S. Supreme Court Rejects Montana’s River Ownership Claims
The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public’s access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public …
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CONTINUE READINGPeter Gleick, the Heartland Institute, and Scientific Ethics
The Heartland Institute is a climate denial shop well-funded by fossil fuel interests and standard right-wing extremist foundations, which has underwritten attacks on climate scientists and has plans to disrupt authentic climate science education in K-12 classrooms. Peter Gleick is one of the most respected scientific researchers in the world, who has done extremely …
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CONTINUE READINGWhat’s it like to be climate scientist Michael Mann? Think bounty (not the good kind)
Renowned climate scientist Michael Mann was at UCLA and the Emmett Center today to give a talk promoting his soon-to-be-released book, “The Hockey Stick and the Climate Wars: Dispatches from the Front Lines.” Mann, who has been called “one of the most vilified men in the highly vilified field of climate science,” created the famed “hockey stick” …
CONTINUE READINGNinth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak
The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range. A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …
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CONTINUE READINGPreserving U.S. Fisheries: A Bipartisan Pipe Dream?
President Obama’s call in his 2012 State of the Union address for a new spirit of bipartisanship brought to mind a recent Washington Post article on current federal efforts to preserve U.S. fisheries. In what qualifies as a rare “good news” story involving federal environmental policy, that article reports that the Obama Administration is poised to …
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