Tag: Litigation

Global trends in climate change litigation: 2019 snapshot

Setzer, Joana, and Rebecca Byrnes. “Global trends in climate change litigation: 2019 snapshot.” (2019). Headline issues • Climate change litigation continues to expand across jurisdictions as a tool to strengthen climate action, though more evidence of its impact is needed.…

The Children’s Climate Case – Juliana v. United States

Court Documents Juliana v. United States, No. 6:15-CV-01517-TC – First Amended Complaint Juliana v. United States, No. 6:15-CV-01517-TC – Federal Defendants First Motion to Dismiss Juliana v. United States, No. 6:15-CV-01517-TC, 2016 WL 6661146 (D. Or. Nov. 10, 2016) –…

Judge dismisses City of Oakland climate case based on nuisance – 2018

From the Opinion: It may seem peculiar that an earlier order refused to remand this action to state court on the ground that plaintiffs’ claims were necessarily governed by federal law, while the current order concludes that federal common law…

Ownership of Submerged Lands in Louisiana

INVENTORY OF STATE LANDS OFFICE OF STATE LANDS DIVISION OF ADMINISTRATION (2018) The state does not have clear title to an estimated 286,467 acres of water bottoms, as private parties also claim ownership of these lands. These “dualclaimed” water bottoms…

Louisiana Attorney General Sues the Corps over Intracoastal Canal

Louisiana v. United States – Complaint in Intracoastal Canal Litigation Louisiana Attorney General Jeff Landry discussion lawsuit and explaining that climate change is a hoax and that sea level is rising. – Facebook video on the AG Facebook page. The AG…

Louisiana Canals and Their Influence on Wetland Development – 1973

Davis, Donald Wayne, “Louisiana Canals and Their Influence on Wetland Development.” (1973). LSU Historical Dissertations and Theses. 2386. http://digitalcommons.lsu.edu/gradschool_disstheses/2386 Coastal Louisiana, according to recent measurements, has 4,572 miles of canals. This network can be divided into five types; drainage and…

NEPA Lawsuit Argues that Immigrants to the US Increase Climate Change

This lawsuit by an anti-immigration group alleges that since Americans have among the highest carbon footprints, allowing immigrants into the US will increase GHG emissions and climate change. This means that immigration has environmental impacts and thus immigration policy changes…

Climate Change Litigation Databases

Climate Change Litigation Databases About: This website provides two databases of climate change litigation, one for U.S. climate change litigation and one for non-U.S. cases.

Who has to pay for the MRGO Closure and Wetlands Restoration?

Most Corps of Engineers wetlands projects require the state or other non-federal sponsor to pay for part of the cost. This is both a cost-sharing measure and a measure to make sure that the state really needs the project –…

Louisiana Parish Lawsuits Against the Oil Industry for Wetlands Destruction

(Also see: Louisiana Levee Board Coastal Erosion Law Suit) Newest Developments Original Complaint – City of New Orleans/Orleans Parish v the oil industry for wetlands destruction. Dismissal for failure to exhaust administrative remedies – Parish of Plaquemines v. Total Petrochemical &…

Legal resources for coastal erosion and marsh destruction claims

Also see: Louisiana Levee Board Coastal Erosion Law Suit; Louisiana Parish Lawsuits Against the Oil Industry for Wetlands Destruction Law Professor’s Brief on Louisiana Public Trust Doctrine Terrebonne Parish Sch. Bd. v. Castex Energy, Inc., 893 So. 2d 789 (La 2005) “We…

Levee Lawsuit Against the Oil and Gas Industry Dismissed

Bd. of Comm’rs of the Se. Louisiana Flood Prot. Auth.-E. v. Tennessee Gas Pipeline Co., LLC, No. CIV.A. 13-5410, 2015 WL xxx (E.D. La. February 13, 2015) Interestingly, there was no discussion of the state law removing the Levee Board’s…

Louisiana SB 469 – Killing the Coastal Erosion Lawsuit

Morial v. Smith & Wesson Corp., 785 So. 2d 1 (LA 2001) This case reviews the LA law that retroactively stopped LA cities from suing gun manufacturers. It is a good discussion of the state police power and the state’s…

The Mississippi River Delta Cycle and Coastal Restoration

  Click here – Video of a presentation by Prof. Edward Richards to the LSU Mineral Law Institute on the delta cycle and the coastal erosion lawsuit. (1.3gb file – works best if you download it before playing. Otherwise it…

General NEPA Resources

White House Guidance Guidance on the Applicability of E.O. 13807 to States with NEPA Assignment Authority Under the Surface Transportation Project Delivery Program (2019) Statutes and Regulations The National Environmental Policy Act of 1969, as amended Council on Environmental Quality(CEQ)…

Draft EPA Rule on the Waters of the United States

Draft EPA Rule on the Waters of the United States – reduced size PDF (23 megs) Draft EPA Rule on the Waters of the United States – original PDF (129 megs) Supporting document on the connectivity of the waters of the United…

Louisiana Levee Board Coastal Erosion Law Suit

The legal documents The Original State Court Petition Law Professor’s Brief on Louisiana Public Trust Doctrine Notice of Removal Motion to Remand Plaintiff’s Memorandum in Support of Motion to Remand Order blocking removal from federal court back to state court.…

CRS – Flood Damage Related to Army Corps of Engineers Projects

CRS – Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues, June 7, 2011 (RL34131) Summary Over the past century, the federal government has undertaken a number of civil works projects to prevent widespread damage from flooding…

5th Circuit Upholds Ruling in Katrina Levee Breaches Litigation – Update – Case rejected

Update: Court dismisses Katrina Levee Breach cases under FTCA – In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir.(La.) 2012) Additional cases and commentary The 5th Circuit just affirmed the lower court decision in the Katrina Levee Breaches Litigation.…