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Chevron Step II with Teeth
This is a post for Ad-law geeks. The Pace Environmental Litigation Clinic just won its case challenging the EPA Water Transfer Rule on behalf of Trout Unlimited, Waterkeeper Alliance and Hudson Riverkeeper. The Clinic has been representing Trout Unlimited on this...
The Public Trust in Action: Public Trust and the Sheriff’s Deputy
Under the Public Trust doctrine, navigable waters are held in an inalienable trust by State government. Members of the public have a right to transit by boat on waters susceptible to navigation. This is true even where both shorelines are under private ownership,...
Agency Capture in the Carolinas
Newly released e-mails show that when Duke Energy received notice that several citizens groups (including Waterkeeper Alliance and several North Carolina Waterkeeper organizations) were planning to sue it for Clean Water Act violations at its coal ash "storage" ponds,...
Land Use and the Climate Bubble
Real estate prices in many parts of the country are beginning to fall due to the real and perceived effects of climate change on land use. What is happening on the land is an indicator that a climate bubble is forming. The probability of it bursting is increasing --...
Would we have Environmental Law Without Pete Seeger?
OK, so the title is a bit of hyperbole. But every social movement has its inspirational leaders, and Pete played a huge role in galvanizing the environmental movement. His great gift was the power of song -- not [just] as performance but as political participation. He...
If Business Corporations Have Religious Rights, Can’t Environmental Organizations Have Environmental Rights?
So the Supreme Court has granted cert in the Sebelius v. Hobby Lobby, Inc. and Conestoga Wood Specialties Corp. v. Sebelius cases. In both of these cases, for-profit corporations are challenging the application of the birth control coverage employer mandates of the...
Land Use Law Center’s 12th Annual Land Use & Sustainable Development Conference
The Land Use Law Center’s annual Land Use & Sustainable Development Conference is a significant educational event in the region, with more than 200 attorneys, business professionals, and local leaders learning about national, regional, and local challenges and...
From Remote Generation To Trigeneration
Advances in district energy systems, combined heat and power, and trigeneration technologies allow multiple building owners to cooperate to produce energy on-site and share power for heating and cooling to reduce energy consumption in buildings by over 70 percent;...
Fifth IPCC Report Sets a Global Carbon Budget
The Fifth Assessment Report is out from the IPCC. Andy Revkin's DotEarth blog has an excellent summary. No real surprises -- the Earth has warmed, is warming, and will warm, the oceans are acidifying and human beings are in fact responsible for these changes due...