Montana is among the states with a constitutional provision recognizing a right to environmental quality, in its case to a “clean and healthful environment.” Mont. Const. art. II, § 3.
Continue Reading Montana Supreme Court Holds that State Constitution Protects Youth Plaintiffs’ Right to Protection from Climate Change
Opinions of the new Texas Business Court, a statewide, specialized trial court created to resolve certain complex business disputes, are now available online.
On 12 November 2024, the Court of Appeal in The Hague handed down its ruling in the appeal proceedings between Shell plc and Milieudefensie, a non-governmental organization. Shell appealed a
Continue Reading Shell Wins Appeal in Dutch Climate Ruling
In June 2024, the U.S. Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, and Relentless, Inc. v. Dep’t of Commerce (U.S. June 28, 2024)
Continue Reading Assessing Loper Bright’s Potential Real-World Effects on Environmental Regulation
Last month, the U.S. Supreme Court decided Securities & Exchange Commission v. Jarkesy, No. 22-859 (U.S. June 27, 2024), holding that the SEC cannot assess civil penalties for securities
Continue Reading Jury Trials for Environmental Enforcement: What Now After SEC v. Jarkesy?
Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s
Continue Reading Commonwealth Court Offers Another Take on Valuing Contaminated Property
On Aug. 14, a trial judge in Montana issued findings of fact and conclusions of law after a bench trial in what has been called the Montana “Youth Climate Case.”
Continue Reading The Montana ‘Youth Climate Case’ and the Pa. Environmental Rights Amendment
A Texas state district court in Hale County, Texas recently issued a verdict under Texas state law and determined that wind rights are a severable property interest in the surface
Continue Reading The Severability of Wind Rights from a Surface Estate
In February, the Pennsylvania Supreme Court decided that the Environmental Hearing Board could award attorneys’ fees and litigation costs to a prevailing third-party appellant under the Clean Streams Law. Clean
Continue Reading Attorney Fees Awards Under the Clean Streams Law
There have been a series of recent high-profile legislative actions and media articles concerning attempts to ban natural gas appliances or natural gas service to consumers over alleged safety and
Continue Reading 9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating