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Category: Environmental Litigation

Logging Road Stormwater Runoff Subject to the Clean Water Act

In a long-anticipated decision, the Ninth Circuit Court of Appeals ruled this week that stormwater – largely rainwater – that runs off of logging roads into streams and rivers must be permitted under the Clean Water Act (CWA). This decision (Northwest Environmental Defense Center v. Brown) will have far-ranging impacts that...
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Pressure Testing — Court Temporarily Halts Offshore Oil Exploration in Alaska

The events relating to the BP oil spill in the Gulf of Mexico continue metaphorically to parallel the relationship between the courts and environmental review under the National Environmental Policy Act (NEPA) with regard to deep water oil drilling off the north coast of Alaska. Shortly after BP installed a temporary...
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Keeping PACE – California Sues Fannie Mae

California yesterday commenced a lawsuit seeking to prevent the Federal Housing Finance Agency and its arms Fannie Mae and Freddie Mac from interfering with California’s implementation of the PACE (Property Assessed Clean Energy) program for financing the greening of existing structures. The lawsuit is intended to prevent implementation of...
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Property Rights: Carved in Stone or Written in Sand?

Property owners rely on the protection afforded by the Takings Clause of the Fifth Amendment to the U. S. Constitution to shield them against the government improperly interfering with their property rights. The Takings Clause requires “just compensation” to be given to the property owner if the government takes...
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Greenberg Glusker’s Robert Chapman Named Finalist for the Public Justice 2010 Trial Lawyer of the Year Award for $105 Million Trial Victory Against Exxon Mobil

Landmark NYC Verdict Hailed as Socially Significant for Corporate Environmental Accountability Greenberg Glusker today announced that Firm Partner Robert S. Chapman is a finalist for the 2010 Public Justice Trial Lawyer of the Year Award for his successful representation of New York City in a trial against Exxon Mobil Corporation. The City charged...
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It’s Not Over Yet – Parties Can Join in Litigation to Oppose EPA Settlements, Court Says

The Ninth Circuit recently joined the Eighth and Tenth Circuits in finding that non-settling parties can intervene in litigation to oppose settlements between the U.S. Environmental Protection Agency and other settling responsible parties under the Comprehensive Environmental Response, Compensation and Liability Act or CERCLA. This decision is significant because...
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Top Kill

Shortly after the preceding blog entry was posted, President Barack Obama announced that he was suspending exploration of two locations off the coast of Alaska and suspending for six months the issuance of new permits to drill deepwater wells. He also noted that current laws and practices do not ensure “adequate environmental...
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Are Current Judicial “Blowout Preventers” Sufficient?

As a BP oil well in the Gulf of Mexico continues to prove, at the rate of thousands of barrels of oil per day, that modern technology is no fail-safe against disastrous environmental mishaps, it provides a metaphor for a risk of malfunction in the legal system on which...
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