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News Articles

All Cannabis Is Local: Illinois and Municipal ‘Social Use Permits’

What role do municipalities play in regulating or controlling state legalized sales, growing and consumption? Perhaps, a very large, gatekeeper role. In many states, California…

Read More 2019-10-08

Deliberative Process Privilege Shields EPA Algorithms for Greenhouse Gas Emissions From Disclosure under FOIA

Exemption 5 from the Freedom of Information Act (FOIA, 5 U.S.C. § 552 et seq.)—also known as the “deliberative process privilege”— shields from disclosure inter-…

Read More 2019-10-08

Federal Government and the State of California Intensify Fight Over the Regulation of Vehicle Emissions Standards

A confrontation that has been a year (or more) in the making has finally materialized. On September 18, 2019, via Twitter, President Donald Trump announced:…

Read More 2019-10-08

Cannabis, Illinois and Social Equity—The Third Pillar of Legalization or Political Expedience?

Traditionally cannabis licensing depended primarily on the applicant’s ability to demonstrate capital and trustworthiness. By having capital, the applicant demonstrated business acumen and financial wherewithal…

Read More 2019-09-05

D.C. Circuit finds Chemical Manufacturers Are Not Liable Under False Claims Act for Failure to Disclose Health Risks Associated with Chemicals

U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corp.,___F.3d___, Case No. 18-7123 (D.C. Cir. July 5, 2019). The District of Columbia Circuit Court has…

Read More 2019-09-05

U.S. Supreme Court Delivers Major Constitutional ‘Takings’ Decision Applicable to All Federal, State or Local Ordinances Throughout the Nation

Knick v. Township of Scott, Pennsylvania,___U.S.___, 139 S.Ct. 2162 (U.S. June 21, 2019). On June 21, 2019, the United States Supreme Court delivered a major…

Read More 2019-09-05

Trump Administration Undertakes Historic Rollback of Protections for National Parks

Since January 2017, the Trump administration has undertaken over 100 actions that have the potential to threaten America’s National Parks. From rollbacks of the federal…

Read More 2019-09-05

Facing Sea Level Rise, California Coastal Commission Tests Powers for “Managed Retreat” of Homes along the Coastline

  The California Coastal Commission (Commission) is charged with protecting the state’s beaches from the effects of overdevelopment. Yet with climate change projections predicting rising…

Read More 2019-09-05

California Court Upholds Programmatic EIR Analyzing Hydraulic Fracturing throughout the State

The California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) prepared a programmatic Environmental Impact Report (EIR) studying the environmental impacts of…

Read More 2019-08-07

Ninth Circuit Addresses How the National Historic Preservation Act Applies to Delayed Mining Project

InHavasupai Tribe v. Provencio, the Havasupai Tribe, along with several environmental groups (plaintiffs), challenged a mining operation (Mining Project) near the Grand Canyon, claiming the…

Read More 2019-08-07