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News Articles

Seventh Circuit Joins Other Circuits in Holding RCRA Does Not Require Showing of Imminent Harm to Obtain Injunctive Relief

The U.S. District Court for the Western District of Wisconsin applied traditional standards for obtaining injunctive relief in granting summary judgment to a defendant accused…

Read More 2019-05-13

Supreme Court Addresses Federally Reserved Water Rights, National Alaska Lands Act and Scope of Park Service’s Authority over the Nation River

The U.S. Supreme Court has held that the National Park Service (Park Service) may not apply a regulation banning hovercraft use on navigable waters within…

Read More 2019-05-13

U.S. District Court Dismisses Youth Climate Change Action Against the United States

The U.S. District Court for the Eastern District of Pennsylvania dismissed a climate change lawsuit against the United States, the President, the Secretaries and Departments…

Read More 2019-04-07

Utah Court Supreme Court Remands Stream Access Case to District Court Due to Error

The Utah Supreme Court has held that its prior decision, recognizing a public stream access easement right “to touch privately owned beds of state waters…

Read More 2019-04-07

Colorado Supreme Court Clarifies Water Court Jurisdiction

The Colorado Supreme Court has ruled that an inverse condemnation claim regarding shares in a mutual ditch company was not an exclusive water matter, and…

Read More 2019-04-07

Triggering the Statute of Limitations: What Counts as the State Water Resources Control Board’s ‘Final Action’?

In Millview County Water District v. State Water Resources Control Board, the Court of Appeal for the First Judicial District held that the final action…

Read More 2019-04-07

U.S. District Court Finds BLM’s Failure to Quantify GHG Emissions Prior to Authorization of Oil and Gas Leases Violated NEPA

On March 19, 2019, District Judge Rudolph Contreras of the U.S. District Court for the District of Columbia held that the U.S. Bureau of Land…

Read More 2019-04-07

California Court of Appeal Finds Coastal Commission’s Coastal Act ‘Do Novo’ Review Moots CEQA Challenge to Municipal Approval of Coastal Development Permit

The Fourth District Court of Appeal upheld the trial court’s determination that the California Coastal Commission’s (Commission) acceptance of an appeal of a local agency’s…

Read More 2019-04-07

The Trump Administration Border Wall—9th Circuit Panel Determines Illegal Immigration Act Allows for Waiver of Environmental Laws

In August and September of 2017, the Secretary of the Department of Homeland Security (Secretary) published a notice of determination in the Federal Register that…

Read More 2019-04-07

Federal ‘Green New Deal’ Legislation Introduced in the House of Representatives

Democratic House Member Alexandria Ocasio-Cortez and Senator Ed Markey have introduced a Resolution termed the Green New Deal. The proposal comes in the wake an…

Read More 2019-04-07