The court holds that a district court abused its discretion by abstaining from a case in which landowners challenge, on federal due process and equal protection grounds, a New York land use law restricting development on Long Island. The court first holds that the case did not require abstention on ...
The court holds that material questions of fact preclude finding a timber company immune from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability for the past and future cleanup costs of a chemical storage site allegedly contaminated, in part, by releases from th...
If we want to think about changes in local sustainability over the last 10 years, perhaps the best place to start is with Al Gore. In 1992, just before the Rio Earth Summit and before he was to be tapped as a vice presidential candidate, then-Senator Gore published a treatise on the environment called Earth in the Balance.
The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations. The NNSA Act, enacted in the wake of allegations of spying at Los Alamos nuclear weapons laboratory in New Mexico, established a semi-autonomous agency within DOE—the National Nuclear Security Administration (NNSA). The NNSA operates nine laboratories and facilities within the U.S. nuclear weapons complex.
Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicians who believe that certain regulatory restrictions—especially environmental protection measures—have "gone too far" and that the Fifth Amendment is an insufficient safeguard of private-property rights.
On June 29, 2001, the last day of the October 2000 term, the U.S. Supreme Court granted certiorari to consider "whether the [Ninth Circuit] Court of Appeals properly determined that a temporary moratorium on land development does not constitute a taking of property requiring compensation under the Takings Clause of the [U.S.] Constitution?" The case, Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, provides the Court with an opportunity to clarify its opinions in First English Evangelical Lutheran Church of Glendale v.
Editors' Summary: With their often substantial assets, parent corporations make attractive targets for parties seeking to remedy environmental harm. However, by challenging a court's jurisdiction over the parent, the parent may force a change of forum or, ultimately, a dismissal of the claims. This Article examines the scope of a parent's liabilities for the actions of its subsidiaries and discusses the jurisdictional issues.
While the Republican's Contract With America has disappeared from the political landscape, many of its ideas continue to percolate in the 105th Congress. Development interests continue to promote federal legislation to expand opportunities for "takings" claims against the government. Through such takings claims developers or private landowners seek to be compensated for not polluting or not building on protected land.
"When the well is dry, we [will] learn the worth of water."
—Ben Franklin, a U.S. Founding Father
One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face significant hurdles under the federal environmental statutes. The key federal environmental cost-recovery statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often provides little help because of its petroleum exclusion.