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Category: Litigation

Federal Court Strikes Down Trump Administration Methane Rollback

Mon Jul 20th, On Litigation, by

Last week, a Federal Court vacated a Trump administration rule that weakened Obama-era limits on natural gas methane emissions from drilling on federal and Native American lands. U.S. District Judge Yvonne Gonzales Rogers said the Trump Administration’s rule was flawed and ill-supported, and restored a 2018 Obama era rule. The judge criticized the Trump administration for moving ahead with its decision to loosen regulation without giving proper consideration to the […]

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County of Maui Seeks New Discovery Following Supreme Court Loss

Mon Jul 13th, On Litigation, by

In April 2020, the U.S. Supreme Court ruled in a majority 6-3 vote in Hawaii Wildlife Fund et al v. County of Maui, that the County of Maui could no longer inject sewage or recycled water into local groundwater through Lahaina injection wells under the Clean Water Act (“CWA”). The groundbreaking case changes the way groundwater is interpreted under the CWA and establishes a new test. Previously, CWA covered only […]

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Dakota Access Pipeline Is Shut Down and a D.C. Court Declines To Stop It

Wed Jul 8th, On Environmental Law, Litigation, by

Earlier this week, U.S. District Judge James A. Boasberg ordered the Dakota Access pipeline to shut down and drain its oil (Standing Rock Sioux Tribe et al. v. U.S. Army Corps of Engineers et al.). The order gives the Dakota Access operators until August 5th to shut down the pipeline and drain it of all oil pending a review and Environmental Impact Statement (“EIS”) made by the Army Corps of […]

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California’s Third District Court of Appeal Affirms State Water Board’s Authority To Regulate Unreasonable Use of Water During Severe Drought

Mon Jul 6th, On Environmental Law, Litigation, by

On June 18, 2020, in Stanford Vina Ranch Irrigation Company v. State of California et al., the Third District Court of Appeal affirmed the California State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate what it considers “unreasonable use of water” through emergency regulations setting forth minimum instream flow requirements that protect endangered and threatened fish in times of severe drought.  The Court also affirmed the […]

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