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Category: Environmental Law

  US Supreme Court Finds Forest Service Can Lease Land Under Appalachian Trail for Pipeline Development

In perhaps the most consequential environment and energy case heard by the Supreme Court this term, the justices overruled a decision by the Fourth U.S. Circuit Court of Appeals that the Forest Service did not have the power to authorize the Atlantic Coast Pipeline’s natural gas project to pass beneath the trail. In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, […]

U.S. Supreme Court Rules in ARCO v. Christian That State Law Monetary Claims Can Proceed, But Parallel Restoration Claims Under State Statute at a Superfund Site Require EPA Approval

Tue Apr 21st, On Environmental Law, by

The Supreme Court ruled today on an important environmental case involving common law and state statutory claims (Atlantic Richfield Co. v. Christian et al., case number 17-1498).The question before the court was whether Atlantic Richfield Company (“ARCO”) is liable for remediation by landowners at a Superfund site beyond that required by the Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The answer is “yes—so […]

COVID-19 Halts The Supreme Court – Pending Environmental Case to be Heard in the Fall

Mon Apr 6th, On Environmental Law, by

The U.S. Supreme Court postponed its April 20th argument session, the last session of the year, as a result of COVID-19. The last time the Supreme Court closed its doors to the public due to an epidemic was during the Spanish flu outbreak of 1918, when the court postponed oral arguments by a few weeks. This time, the Court found a way to continue functioning as best it can, like […]

State of California Sues Trump Administration To Save The Chinook Salmon

Fri Feb 28th, On Environmental Law, by

California Sues Trump Administration to Save The Endangered Chinook Salmon Last week, the Trump Administration increased, via a press memo, the amount of water that can be pumped from the Sacramento-San Joaquin Delta Estuary in California. After pumping, this water is to be delivered to the San Joaquin Valley and Southern California for agricultural, municipal, and industrial purposes. How and when water is pumped—and how much of it—from the Delta […]

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