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Daily Report Online

Georgia's AG and Senators Cheer Trump for Rolling Back Water Regulation

Georgia's attorney general and both its U.S. senators are cheering President Donald Trump for what they view as the beginning of the end of the Obama administration's Waters of the United States regulations.
2 minute read

The Legal Intelligencer

After Game-Changing 'Protz' Ruling, Retroactivity Battle Brewing

The Pennsylvania Supreme Court has altered the future of disability benefits by invalidating the state Workers' Compensation Act's automatic adoption of "the most ­recent ­edition" of the American Medical Association Impairment Rating Guides—but has it also altered the past?
9 minute read

New York Law Journal

When Is a SEQRA Determination Ripe for Judicial Review?

Albert J. Pirro Jr. writes: Generally, SEQRA determinations are ordinarily considered steps in a land use decision making process and therefore not ripe for judicial review. There are exceptions when a SEQRA determination alone does inflict concrete injury and commences the running of the period of limitations applicable to Article 78 proceedings.
7 minute read

New York Law Journal

Cytec Industries Inc. v. Allnex (Luxembourg) & Cy S.C.A.

Business' Buyer Must Remediate Kalamazoo Site Where Acid, Liquid Alum Were Once Made
3 minute read

Daily Business Review

Deal Drafts New EPD Boss as U.S. Supreme Court Ponders Water War Case

Gov. Nathan Deal took a step Friday toward addressing the lingering issue in litigation water wars with Florida—what to do about exponentially increasing irrigation on big commercial farming operations in South Georgia.
6 minute read

The Recorder

Op-Ed Response: In 'the Most Important Lawsuit on the Planet,' Who Exactly Should the Ninth Circuit Rein In?

Thus far, the Juliana plaintiffs have survived the government's motions to dismiss and interlocutory appeal. At this point, the plaintiffs and the federal District Court judge, Ann Aiken in Oregon, stand ready to move the case to a prompt trial. The Department of Justice, on the other hand, has filed a mandamus petition, asking the Ninth Circuit to step in and short circuit ordinary procedures of discovery, trial and appeal.
13 minute read

New York Law Journal

States Taking Lead on Reducing Methane Emissions

In their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell discuss how New York and other states have filled the void in federal climate leadership and are introducing their own methane programs.
8 minute read

National Law Journal

Dakota Access Pipeline Legal Battle to Rage Through Summer

Gibson Dunn, representing Dakota Access, must file its opening brief by July 17 regarding the Standing Rock Sioux's request to shut down the pipeline. A decision is not expected for months.
17 minute read

Daily Business Review

Federal Appeals Court Rejects Caloosahatchee Water Case

A federal appeals court rejected a lawsuit alleging that the U.S. Army Corps of Engineers' management of water flowing from Lake Okeechobee into the Caloosahatchee River caused pollution problems in the Southwest Florida waterway.
3 minute read

The Recorder

Op-Ed: Will the Ninth Circuit Rein in What Might Be 'the Most Important Lawsuit on the Planet'?

Does the U.S. Constitution guarantee a right to be secure against climate change? And do the President and his officers have a legal duty—enforceable by a federal district judge—to pursue and implement an effective strategy to fight climate change? These, to say the least, are cutting-edge questions. And the Ninth Circuit—which remains one of the most important environmental-law courts in the country—may be deciding them very soon.
14 minute read

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