ABA Journal

Natural Resources

31 ABA Journal Natural Resources articles.

Seattle settles case involving ‘rights of nature,’ a theory gaining steam in other countries

Last month, the city of Seattle settled a “rights of nature” case pending in the Sauk-Suiattle Tribal Court of Appeals that was filed on behalf of salmon harmed by dams on the Skagit River.

Supreme Court could limit agency power after agreeing to reconsider Chevron deference

The U.S. Supreme Court has agreed to consider overruling a 1984 decision that established Chevron deference—the principle that federal courts should defer to reasonable federal agency views when Congress passes ambiguous laws.

‘My guns are bigger,’ judge allegedly declared before pointing Colt .45 at lawyers in courtroom

A Houston lawyer has submitted an affidavit alleging that a West Virginia judge removed a gun from a holster under his robe and pointed it at attorneys defending an energy company.

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

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.

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.

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.

Chemerinsky: SCOTUS could make significant ruling on EPA’s authority to fight climate change—or not

In a term likely filled with blockbuster cases, West Virginia v. Environmental Protection Agency is an enigma: It could turn out to be unimportant and dismissed without a decision; it may be a major ruling on the scope of the EPA’s power; or it could be a huge decision about judicial review of agency decisions. The case, which was argued on Feb. 28, arose in an unusual procedural posture that may cause the court to dismiss it. But if the justices reach the merits, it could be a decision of great significance about environmental and administrative law.

Troubled Waters

As interest in outdoor recreation has surged, more people are clashing with property owners over the right to be on the waterways. The conflict over the uses of—and even the definitions of—public and private space is a legal conundrum bedeviling locales across the country.

Disbarred lawyer who fought Chevron gets prison time for disobeying court orders

Disbarred environmental lawyer Steven Donziger was sentenced to six months in prison Friday for refusing to surrender his electronic devices and disobeying other court orders in a suit against him by the Chevron Corp.

88 of 100 top law firms ‘undertook work that worsened climate change,’ new report says; which ones got A’s?

Only three Vault Law 100 law firms received an A grade in a new report by Law Students for Climate Accountability, while three dozen received a failing grade of F.

Top Texas court rejects case, then agrees to hear it after appellant donates $250K to reelection PAC

In October, the Apache Corp., a Houston oil company, was unable to persuade the Texas Supreme Court to hear its appeal of a paralegal’s retaliation award of about $900,000 in damages and attorney fees.

Judge tosses 238 oil-spill cases, citing law firm’s failure to respond to discovery requests

A federal judge in Pensacola, Florida, has dismissed 238 cases filed for cleanup workers who blame their medical problems on the BP Deepwater Horizon oil spill.

In closing brief, disbarred environmental lawyer claims his prosecution is ‘run by an oil company’

A closing brief filed on behalf of disbarred environmental lawyer Steven Donziger contends that the criminal contempt case against him “has all the trappings of a deeply troubled and conflicted prosecution run by an oil company.”

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