In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.
Continue Reading Agency Deference and Natural Resources Damages
An appellate decision earlier this month addressing the cultural value of a fishery resource for purposes of a natural resources damages claim raises issues worth thinking about, not only with respect to NRD claims but also with respect to our own Environmental Rights Amendment.
Continue Reading The Cultural Value of Natural Resources
On May 16, 2025, the U.S. Department of the Interior (DOI) announced its intent to solicit public input on federal regulations that may be subject to repeal or revision as part of the Trump administration’s deregulatory agenda.
The U.S. Department of Interior (DOI) is seeking public comments on new strategies to replace the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for
Continue Reading Federal Government Continues Efforts to Reform Colorado River Operations
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
In light of the “worsening drought crises” and “critically low reservoir conditions” in the Western United States, on Aug. 16, 2022, the U.S. Department of the Interior (“Interior”) announced a
Continue Reading Interior Department Determines ‘Tier 2 Shortage Conditions’ on Colorado River Requiring Additional Water Delivery Cuts, Other Actions in 2023
In a much anticipated and closely watched case, global law firm Greenberg Traurig, LLP, led by Boston office attorneys John F. (Jay) Farraher, Jr., David C. Fixler,
Continue Reading Greenberg Traurig Secures Massachusetts Supreme Judicial Court Victory in Solar Facility Development Dispute
This GT Alert highlights news and updates on renewable energy in Latin America.
On April 11, 2022, the Project for Renewable Energy in Rural Markets (PERMER) from the National
Continue Reading Renewable Energy in Latin America Updates
Some in Congress are advocating a proposal to establish a carbon tax on certain imports to fight climate change and protect domestic production. A more specific carbon border tax plan
Continue Reading Proposed Federal Tax on Import of Carbon-Intensive Products
On July 21, the Pennsylvania Supreme Court revisited the Environmental Rights Amendment, Article I, Section 27, of the Pennsylvania Constitution when Pennsylvania Environmental Defense Foundation v. Commonwealth returned to the
Continue Reading Identifying the Natural Resources Subject to the Environmental Rights Amendment