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February 12, 2024 | New York Law Journal

The Environmental Rights Amendment's Standard of Review

What is the constitutional 'standard of review' the courts should use to judge a government action that allegedly violates the Green Amendment? The standard of review will decide its long-term importance.
11 minute read
February 09, 2024 | Daily Business Review

Not Enough of a Good Thing: How Lack of Wetland Mitigation Credits Impacts Land Development in Fla.

Wetland impacts from land development in Florida are regulated via state and federal environmental permitting programs. To permit unavoidable wetland impacts, the regulatory agencies require lost wetland functions to be made up or mitigated by creating or enhancing wetlands somewhere else.
7 minute read
February 08, 2024 | National Law Journal

EPA Sets New Stringent Standards on Soot, Gaining Enviros' Praise, Big Oil's Scorn

EarthJustice calls the move "lifesaving" while the American Petroleum Institute decries a "short-sighted policy."
3 minute read
February 07, 2024 | National Law Journal

U.S. Solicitor General Acknowledges 'Real Shift in Supreme Court Practice'

"Sometimes it's quiet and we haven't had an emergency case in a while; sometimes I feel like we have three or four going at once," Elizabeth Prelogar said.
5 minute read
February 05, 2024 | Daily Report Online

Bayer's Monsanto Loses Federal Preemption Appeal Over Roundup—Again

On Monday, the U.S. Court of Appeals for the Eleventh Circuit found that the EPA's registration of Roundup did not carry the "force of law" that preempted Georgia plaintiff John Carson's claims.
4 minute read
February 01, 2024 | Texas Lawyer

Newsmakers: Clifford Chance Grows LatAm Team with Hire of Corporate M&A Counsel in Houston

Also: News from Munsch Hardt, Spencer Fane, and McDermott Will & Emery.
8 minute read
January 30, 2024 | New York Law Journal

Town Liability Under USC §1983: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "DLV Quogue, LLC v. The Town of Southampton," involving motions for summary judgment made by the plaintiffs and the defendants in an action involving a mixed-use development and related land use issues.
15 minute read
January 24, 2024 | Law.com

Louisiana Appeals Court Reinstates Permits for $9.4B Formosa Chemical Plant Amid Concerns of Environmental Damage

"With respect to the constitutional public trust doctrine, on review, this Court should not reverse a substantive decision of DEQ on its merits unless it can be shown that the decision was arbitrary or that DEQ clearly gave insufficient weight to environmental protection in balancing the costs and benefits of the proposed action," Judge Jewel Welch wrote.
5 minute read
January 18, 2024 | National Law Journal

SEC's Proposed Climate Disclosure Rule Exceeds Agency's Authority, House Republicans Say

Democrats counter that federal law permits the agency to require environmental disclosures.
4 minute read
January 18, 2024 | Supreme Court Brief

Highlights From Supreme Court's Marathon 'Chevron' Hearings

Justices hear nearly four hours of arguments over whether to save the four-decades-old deference doctrine.
7 minute read

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