ABA Journal

Environmental Law

751 ABA Journal Environmental Law articles.

Riverfront property owners can’t kayak past neighboring properties, state supreme court rules

Fossil hunters who own property along the Mazon River in Illinois can’t kayak past the homes of other riverfront property owners absent permission, the Illinois Supreme Court ruled last week.

Woman who jumped into canal to save dog can’t sue under rescue doctrine, top state court rules

A woman who suffered neurological and cognitive injuries after jumping into a canal to save a dog can’t recover damages from its owners under the rescue doctrine, the New Jersey Supreme Court has ruled in a unanimous decision.

Happy the elephant isn’t a person entitled to freedom from detention, top state court rules

New York’s top court ruled 5-2 Tuesday that an elephant named Happy at the Bronx Zoo in New York City can’t be freed from detention through a writ of habeas corpus.

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Lawyer is happier and better paid after quitting her job to become a pet psychic

A Philadelphia lawyer who was “miserable” with her $75,000-per-year job as a real estate lawyer couldn’t be happier after switching careers.

Supreme Court backlog is the largest in percentage terms since at least 1950

More than half of the cases on the U.S. Supreme Court’s docket have yet to be decided.  As of Friday, the court had 33 opinions remaining, which amounts to 53% of its argued cases this term.

Greenhouse gas estimates that justify tougher regulations remain intact after SCOTUS refuses to act

The U.S. Supreme Court on Thursday left intact the Biden administration’s higher estimates of the social cost of greenhouse gases, which are used by federal agencies when drafting new regulations and making permitting decisions.

Exxon can’t use ‘right of petition’ law to block climate change suit, top state court rules

The top court in Massachusetts on Tuesday refused to dismiss a lawsuit contending that the Exxon Mobil Corp. misled consumers and investors about the impact of climate change.

US law allowing hemp products legalized potlike intoxicant delta-8 THC, 9th Circuit says

A federal appeals court ruled last week that the 2018 law removing most restrictions on hemp legalized the ingredient delta-8 THC, which has psychoactive and intoxicating effects similar to the marijuana ingredient delta-9 THC.

County judge in Texas is arrested for alleged cattle theft

A county judge in West Texas was arrested Friday on charges of livestock theft and engaging in organized criminal activity.

Happy the elephant’s quest for personhood heads to top state court; rice and lakes also file suit

New York’s top court will hear the case of Happy the elephant’s bid for personhood and release from the Bronx Zoo in New York City on May 18.

Weekly Briefs: SCOTUS will hear inmate’s appeal of DNA testing; prosecutor accidentally shoots himself

Supreme Court will hear death row inmate’s DNA test bid

The U.S. Supreme Court on Monday agreed to hear the case of a Texas death row inmate who said DNA…

Pen Pals

Matthew Strugar received the first mysterious postcard in August 2018. On one side, two black-and-white patterned orcas leapt into the air from their large tank of turquoise water at SeaWorld. The handwritten plea on the back of the postcard was signed, “Sincerely, Your imprisoned orca clients.” Most lawyers would have found the note odd, but for Strugar, it struck a familiar chord.

SCOTUS will consider whether California pork law may violate dormant commerce clause

The U.S. Supreme Court on Monday agreed to decide whether pork producers can sue over a California law said to have the effect of regulating pig enclosures nationwide.

Should the UN establish a right to a healthy environment? ABA urges US to vote yes

In a late February briefing, Nadia Ahmad introduced a group of ABA members and Capitol Hill staffers to Resolution 48/13—a measure adopted by the United Nations Human Rights Council that for the first time recognizes having a clean, healthy and sustainable environment as a human right.

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