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Reflections on a Century of “Regulatory Takings” Law

Legal Planet

Credit: ABA for Law Students. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts. One hundred years ago this month, the U.S. In the December 1922 decision Pennsylvania Coal Company v.

Law 130
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2021-2022 California Environmental Legislation: What’s Been Enacted?

Legal Planet

Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point. Prior to this new law, the state was required by law to ensure that statewide greenhouse gas emissions be reduced to at least 40% below the 1990 level by 2030. Climate Change Mitigation.

2021 130
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Fifth District Holds Issue Exhaustion Not Required Where Agency Gave No Notice of Intent To Rely On CEQA Exemption Prior to Hearing, And Existing Facilities Categorical Exemption Does Not Apply to Unlined Landfills As A Matter of Law

CEQA Developments

As a matter of law, the Court also held the County improperly relied on the existing facilities exemption for the project. or if the public agency failed to give the notice required by law.” Existing Facilities Exemption Did Not Apply As A Matter of Law. Factual/Procedural Background. Applying the holding of Tomlinson v.

Law 98
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In Celebration Of The Many Contributions Of John Dawes To Protecting And Restoring PA’s Environment, Foundations Create The R. John Dawes Clean Water Fund

PA Environment Daily

Nardone, a passionate advocate for Pennsylvania’s natural resources, brings 30 years of experience in shaping mission-focused programs and partnerships that succeed at the local, state, and national levels. These initiatives alone have brought billions of dollars to Pennsylvania to reclaim our mining past.

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Straight Talk About A PA Conservation Hero: Ralph Abele And The Environmental Rights Amendment

PA Environment Daily

The ERA states in part that “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come.

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Fighting Big Coal––Washington Judge Allows Novel Clean Water Act Citizens’ Suit to Proceed

Vermont Law

Spokane Riverkeeper, and Natural Resources Defense Council––took big coal and the railroad to court. list of dates and locations since 2008, and even provided an appendix of dates and locations where [they] believed BNSF to have discharged pollutants in the manner described.”. Kelly Nokes, JD/MELP ’15. ,

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Blurred Lines: The Importance of Delineation Between Legislative and Non-legislative Rules Under the APA

Vermont Law

. : Not all agency rules have the force of law. Under the Administrative Procedure Act (APA), “interpretive rules” are merely advisory and do not carry the force of law. On the contrary, a legislative rule (also known as a “substantive rule”) is a rule that has the force and effect of law. section 533 of the APA. 1344(f)(1)(A)).