On May 23, 2024, the Supreme Court of Illinois rendered a judgment in Rice v. Marathon Petroleum Corp., which involved important considerations for both environmental law and personal injury
Continue Reading Navigating the Illinois Environmental Protection Act Through Rice v. Marathon Petroleum Corp.
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 Law
“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 Maryland Department of the Environment has for many years sought to meet its obligations under the Clean Water Act and the Chesapeake Bay Total Maximum Daily Load in part
Continue Reading Storm Sewers and Impervious Cover in Maryland: A Further Update
Consider two longer-term trends in environmental law and policy: (a) refocusing from rural and wild places to the environment where people are, and (b) dealing with the regulatory advantage given
Continue Reading Two Big Trends Around the Corner for Environmental Law
In 2018 I commented on this blog about an opinion of the Massachusetts Supreme Judicial Court concerning a claim by the developer of a condominium development against the City of
Continue Reading UPDATE: Property Damage Claims Even After Cleanup Under Massachusetts General Laws Chap. 21E
When one cleans up contaminated property, often the cleanup calls for a neighbor to allow some action to address contamination migrating onto that neighbor’s property. A case from the Court
Continue Reading Neighbors’ Tort Claims Even After a Cleanup
When your neighbor’s property is contaminated, the environmental regulators may want access to your property to investigate whether the contamination has affected your property. You may have business reasons not
Continue Reading Penalties Under CERCLA for Denying EPA Access to Test
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