The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

Insights and Commentary on Global Environmental and Energy Issues
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
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 LawThe Florida Rules of Civil Procedure aim “to secure the just, speedy, and inexpensive determination of every action and proceeding.” For a corporate defendant, the difficulty of obtaining summary judgment…
Continue Reading Using Florida’s Amended Summary Judgment Standard as a Weapon to WinThere 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, HeatingA few weeks ago, the U.S. Supreme Court heard argument in a tax case about attorney-client privilege. See In re Grand Jury, No. 21-1397 (U.S. arg. Jan. 9, 2023).
Continue Reading Uncertainty, No Guidance for Attorney-Client Privilege in Environmental AuditsThis E2 Law blog post discusses In re Appeal of Friends of Marconi Plaza and the court’s comment on the application of the Pennsylvania Environmental Rights Amendment, Pa. Const. art. I, § 27, to that decision.
Continue Reading The Pennsylvania Environmental Rights Amendment and Statues
I recently wrote a column for The Legal Intelligencer’s Pennsylvania Law Weekly, reposted on this blog here, raising questions about whether the Pennsylvania courts have correctly identified the…
Continue Reading Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment DecisionThe Supreme Court can only decide so many cases. If we are to have a constitutional environmental provision with relevance to the interaction of private activities with the government, Pennsylvania…
Continue Reading Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
“When you engage in actual fighting, if victory is long in coming, then men’s weapons will grow dull and their ardor will be damped.”
Sun Tzu, Art of…
Continue Reading Using Florida’s Amended Summary Judgment Standard in Litigation
The Massachusetts Supreme Judicial Court (SJC) decided a case this week clarifying the limitation on a municipality’s ability to regulate wetlands and waterway construction more stringently than would the Department…
Continue Reading Local Preemption and Wetlands in Massachusetts: An Update