By C. Ryan Barber | July 21, 2017
Chopping down Washington's "dense thicket of rules, regulations and red tape," as President Donald Trump described it in June, doesn't always come so easily—or quickly. For a number of other regulations, the Trump administration has been playing the delay game.
By Michael Booth | July 21, 2017
A New Jersey attorney and prominent environmental activist has been found dead in New Hampshire's White Mountain National Forest, where he had gone hiking last month.
By Jenna Greene, The Litigation Daily | July 20, 2017
There's a lovely neighborhood in Marin County, California where we recently thought about buying a house. The lots in Bel Marin Keys aren't big, but they back to lagoons connected to the San Pablo Bay. Just about everyone has a dock in their backyard.
By Commentary by Stephen Tilbrook | July 20, 2017
President Donald Trump declared that the Paris Climate Agreement is a bad deal for the United States and that the economic disadvantages of the agreement outweigh the uncertain environmental benefits. But the withdrawal also sends a clear message to South Florida, a region at particular risk to the effects of climate change. The message for South Florida is: you are on your own, writes Stephen Tilbrook.
By Jenna Greene | July 20, 2017
“This type of state common law climate litigation has been a long time coming, and these cases may well represent the first of a slew of similar cases nationwide."
By newyorklawjournal | New York Law Journal | July 17, 2017
The Environmental Protection Agency will hold a second public meeting this week about a $1.7 billion cleanup of the Hudson River.
By Max Mitchell | July 14, 2017
Pennsylvania landowners who have been fighting with Sunoco over the Mariner East 2 pipeline project have so far been unsuccessful in their attempts to bar the energy giant from using their land for the natural gas pipeline. Over the past year, they have seen a handful of unfavorable decisions from the Commonwealth Court, but with cases potentially on their way to the state Supreme Court and a recent pronouncement on environmental law by the justices, plaintiffs are hoping the litigation won't be over so quickly.
By njlawjournal | New Jersey Law Journal | July 13, 2017
Trial Court Erred in Awarding Counsel Fees in Settlement Against One Defendant Without Itemizing Counsel's Work as to Each Defendant
By therecorder | The Recorder | July 13, 2017
Cal.Sup.Ct.; S223603 The California Supreme Court affirmed in part a judgment. The court held that the environmental impact report (EIR) for a regional…
By Margaret Anne Hill, Michael L. Krancer, Frank L. Tamulonis III and Stephen C. Zumbrun | July 13, 2017
On June 20, the Pennsylvania Supreme Court issued its opinion in Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth, 2017 Pa. LEXIS 1393 (Pa. June 20), in connection with the so-called Environmental Rights Amendment or ERA (Article 1, Section 27 of the Pennsylvania Constitution). Suffice it to say, the opinion has reopened the debate as to the meaning of the ERA, and more importantly, how the ERA is implemented as a practical and legal matter. In brief, the court ruled that amendments to the state's fiscal code (which sought to address budgetary shortfalls by redirecting money from a fund containing rents and royalties from oil and gas leases on commonwealth land to the general fund) violated the ERA. While the facts before the court were narrowly drawn, the court used the opportunity to revisit the decades old "test" applied in evaluating ERA claims, an issue it first addressed in its 2013 plurality opinion in Robinson Township v. Commonwealth, 83 A.3d 901 (Pa. 2013). It abruptly rejected the well-established Payne v. Kassab test and roughly 45 years of ERA-related case law, thereby placing the ERA, and industry, back into legal limbo. Despite some legal uncertainty, this opinion should not be interpreted as a major stumbling block to key energy and infrastructure projects.
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