Litigation
Industry Coalition Petitions for Supreme Court Review of D.C. Circuit Decision on Greenhouse Gas Rules
Yesterday, American Chemistry Council and a coalition of other industry groups filed a petition for U.S. Supreme Court review of the D.C. Circuit Court of Appeals’ June, 26 2012 decision upholding the Environmental Protection Agency’s greenhouse gas rules. As Dan previously discussed here, the D.C. Circuit denied rehearing of its decision in December. The American …
CONTINUE READINGU.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California
On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …
CONTINUE READINGPracticing Environmental Law: The World of New Lawyers
The National Council of Bar Examiners has just finished a fascinating survey of what lawyers do in their first three years of practice. Some of the most interesting findings relate to environmental law. About five percent of new lawyers report that their practice areas are environment or natural resources. As of a couple of years …
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CONTINUE READINGFinally Cleaning Up In the Galilee
Residents of northern Israel got a welcome victory a couple of days ago: the nation’s High Court held that Eitanit Construction Products, a politically well-connected firm that polluted cities across the region with asbestos, must pay half the cost of cleaning it up. Friable asbestos contaminating whole cities might be a dim memory in the United …
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CONTINUE READINGBreaking News: PACE Dies in the Ninth Circuit
The West Coast PACE litigation party appears to have ended. After favorable rulings from the California Northern District Court for PACE backers, the Ninth Circuit today dismissed the case outright. As background, Property Assessed Clean Energy (PACE) programs allow municipal governments to finance residential and commercial energy improvements, with property owners repaying the governments via …
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CONTINUE READINGU.S. Supreme Court Grants Review in Pacific Rivers Council Case
Today the U.S. Supreme Court granted certiorari in a major forestry and NEPA case from the Ninth Circuit Court of Appeals: U.S. Forest Service v. Pacific Rivers Council, No. 12-623. The case will be argued and decided in the Court’s next (2013-14) Term. The issues the justices have agreed to consider in Pacific Rivers Council are threefold: …
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CONTINUE READINGWilliam Brennan, Bob Woodward, and the Ethical Duties of a Justice
Washington Post editor/reporter Bob Woodward is in a good amount of hot water, and deservedly so, for publicly insinuating that White House economic advisory Gene Sperling threatened him in a recent e-mail exchange. As it turns out, when the exchange was revealed, Sperling was merely saying — in a very friendly way — that Woodward …
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CONTINUE READINGMiddle of the First Inning: Big Cola 1, Public Health 0
The NY Times reports that a New York trial court has invalidated New York’s rule banning giant-sized sugar soft-drinks. The court’s decision can be found here. On a quick read, the decision seems to rest on two grounds: 1. The rule exceeds the powers of the public health board, despite a provision in the New …
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CONTINUE READINGOT 2012 and the Environment
This Supreme Court Term features a number of environmental cases. We’re now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases. My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the …
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CONTINUE READINGWhat IS a Nuisance, Anyway?
If you’re a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing “inherent limitations on title.” More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity …
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