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
Attorney Fees Awards Under the Clean Streams Law
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
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Using Florida’s Amended Summary Judgment Standard as a Weapon to Win
The 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 Win
9th Circuit Chills Municipal Government Efforts to Ban Natural Gas for Cooking, Heating
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
Uncertainty, No Guidance for Attorney-Client Privilege in Environmental Audits
A 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 Audits
The Pennsylvania Environmental Rights Amendment and Statues
This 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.
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Oil and Gas and Another Questionable Pennsylvania Environmental Rights Amendment Decision
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 Decision
Is the Pa. High Court Deciding the Most Helpful Environmental Rights Amendment Cases?
The 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
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Using Florida’s Amended Summary Judgment Standard in Litigation
“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
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Local Preemption and Wetlands in Massachusetts: An Update
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