Litigation
Green litigation in China today
For those interested in the state of environmental litigation in China, China Dialogue, a bilingual site on China’s environment, ran an excellent series of articles last month on the topic. I opened the series with an article entitled “Green litigation in China today.” Here is an excerpt. Environmental litigation is difficult business in China. Even …
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CONTINUE READINGGray wolf update: rider upheld and Wyoming delisting a step closer
A few months ago, Rhead summarized litigation over the US Fish and Wildlife Service’s multiple attempts to remove the gray wolf from the list of endangered and threatened species, and noted environmental groups’ filing of a challenge to the appropriations rider which called for FWS to re-delist (is that a word?) the wolf in Montana …
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CONTINUE READINGThird time not the charm for Columbia River salmon BiOp
U.S. District Judge James Redden has once again found the National Marine Fisheries Service’s Biological Opinion for operations of the Columbia River hydropower system inadequate to satisfy the Endangered Species Act. This is the third time in a decade that Judge Redden has been asked to review a Columbia River BiOp, the third presidential administration …
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CONTINUE READINGNew nonprofit Harbor Community Benefit Foundation launches, seeks Executive Director to oversee millions of dollars in community benefits projects in Los Angeles’s near-port communities
A historic agreement between the Port of Los Angeles and various stakeholders has resulted in the founding of a new nonprofit organization, the Harbor Community Benefit Foundation. HCBF’s mission is “to carry out mitigation and other public benefit projects that assess, protect, and improve health, quality of life, and the natural environment, with a focus …
CONTINUE READINGNevada Re-Discovers the Public Trust Doctrine
The Nevada Supreme Court was the source of a pleasant surprise earlier this month, when it issued a decision formally “adopting” the public trust doctrine as Nevada law. The opinion, Lawrence v. Clark County, involved a proposed transfer of land in and adjacent to the Colorado River near Laughlin, Nevada to Clark County officials. Nevada …
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CONTINUE READINGClimate protester DeChristopher gets 2-year sentence
Tim DeChristopher, the young man who bid on federal oil and gas leases as a form of protest against global warming, was sentenced yesterday to 2 years in prison, 3 additional years on probation, and a $10,000 fine. DeChristopher was convicted in March of placing false bids at a federal auction, after his attempt to …
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CONTINUE READINGEPA finalizes mountaintop removal guidance
Cross-posted at CPRBlog and The Berkeley Blog. After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA …
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CONTINUE READINGPaper or Plastic?
The California Supreme Court today issued a significant decision interpreting and applying California’s most important environmental law–the California Environmental Quality Act, or CEQA. The issues in Save the Plastic Bag Coalition v. City of Manhattan Beach were: 1) whether a Southern California beach community was required to prepare an environmental impact report (EIR) under CEQA …
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CONTINUE READINGA Judicial Setback for PACE Energy Efficiency and Renewables Financing
Many moons ago, I blogged about the saga of the PACE (Property Assessed Clean Energy) financing program and the lawsuits to preserve it. As a quick review, PACE allows municipal governments to use funds from the bond market to help property owners finance energy efficiency retrofits and renewable energy arrays on their property. The property …
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CONTINUE READINGCourt upholds polar bear “threatened” status
The first big opinion in the polar bear listing case is out. Score two for the Fish and Wildlife Service: the agency’s decision to list the bear as threatened under the Endangered Species Act prevailed against challenges from the Center for Biological Diversity on one side and the state of Alaska and hunting groups on …
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