New Orleans Residents May File Class-Action Suits for Hurricane Katrina Flood Damage
The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. The court entered a partial final judgment on just compensation due to the owners of certain "test" properties in that case. But it also held that all other business and residential property owners, not just the owners of the test properties, may now file a class action for just compensation.
FWS added the common snapping turtle, the Florida softshell turtle, the smooth softshell turtle, and the spiny softshell turtle and their subspecies to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora to better monitor conservation efforts for these native U.S. freshwater species.
Colorado Supreme Court Holds Cities May Not Ban Fracking
The Supreme Court of Colorado held that state law preempts one city's ban on hydraulic fracturing and waste disposal within city limits, as well as a second city's moratorium on hydraulic fracturing. The Colorado Constitution recognizes the sovereignty of "home rule cities," meaning that in matters of local concern, a home-rule ordinance supersedes a conflicting state statute. But here, the ban and the moratorium were matters of statewide concern and conflicted with the effectuation of state law.
The May 2016 issue of ELR's News & Analysis looks at the FAST Act and infrastructure permit streamlining, NEPA review of climate change, and the “popular consultation” process as applied to a gold mine in Colombia. This issue also provides an annual review of Chinese environmental law developments for 2015, and includes a book excerpt from The Sustainablity Handbook, 2d ed. focusing on best practices for colleges and universities. The issue also features the transcript to a recent ELI seminar on TSCA reform.