California Supreme Court Rules in favor of California Coastal Commission’s 20 Year Permit in Seawall Debate

Tue Nov 14th, On Environmental Law, by

Sea level rise is quickly becoming one of the most pressing climate issues facing coastal cities around the world.  According to the National Oceanic and Atmospheric Administration (NOAA), global sea levels will rise by as much as 6.6 feet (2.0 meters) by the year 2100.  Rising sea levels and shrinking coastlines present a huge problem to the United States.  According to a report by NOAA and the U.S. Census Bureau, […]

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EPA Administrator Scott Pruitt Issues New Directive Designed to Bring “Sue and Settle” Practice to a Close

Thu Nov 9th, On Environmental Law, by

On Monday October 16, EPA Administrator Scott Pruitt published a directive outlining a series of new regulatory measures intended to curtail the “sue and settle” tactic frequently utilized by environmental groups to enforce policy changes.  The term refers to a practice most commonly employed by environmental groups when suing the EPA for neglecting deadlines or failing to perform non-discretionary acts under the Clean Water Act (CWA), Endangered Species Act (ESA), […]

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Climate Justice in the Wake of the 2017 Atlantic Hurricane Season

Tue Nov 7th, On Environmental Law, by

The recent damage caused by Hurricanes Harvey, Irma, Jose, and Maria has been disastrous and the true extent of the destruction is only just beginning to be uncovered. According to a report by Moody’s Analytics, Hurricanes Harvey and Irma may have cost the U.S. between $150 and $200 billion while Jose and Maria may have caused between $45 and $90 billion worth of damage to Puerto Rico. The series of […]

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A Finding as Rare as a Unicorn: EPA’s Emhart Remedy is Arbitrary and Capricious

Tue Oct 17th, On Environmental Law, by

In Emhart Industries, Inc., v. New England Container Company, Inc., 2017 Wl 3535003 (D. RI 2017), the U.S. District Court found the Environmental Protection Agency (“EPA”) remedy was arbitrary and capricious.  Administrative Record Judicial review under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is strictly limited to reviewing the administrative record to determine if EPA’s action was arbitrary and capricious, but the court ruled it could review EPA’s […]

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