Marin and San Mateo Cos., City of Imperial Beach Go to Court to Hold Largest Fossil Fuel Polluters Accountable San Mateo County Full Complaint; Marin County Full Complaint; City of Imperial Beach Full Complaint (Redwood City, CA, San Rafael, CA, and Martinez,…
Tag: Litigation
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 –…
US Law School Environmental and Energy Programs
URS – The Direct Impact of the Mississippi River Gulf Outlet on Hurricane Storm Surge
This post has materials that explain why the MRGO did not increase the flooding of New Orleans during Hurricane Katrina.
Hurricane Katrina 10 years later: Resources
Images of Hurricane Katrina Damage Litigation related to Hurricane Katrina General Information
Court of Claims finds MRGO Caused a Taking by Flooding
St. Bernard Par. Gov’t v. United States, 121 Fed. Cl. 687, 690-91 (2015) This is a claim brought by property owners in St. Bernard and New Orleans claiming that the MRGO (Mississippi River Gulf Outlet) canal increased the flooding from…
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…
General NEPA Resources
Statutes and Regulations The National Environmental Policy Act of 1969, as amended Council on Environmental Quality(CEQ) NEPA Regulations, 40 CFR 1500 through 1518 Introduction to NEPA – DOE/HOMER/ORNI (PPT) General Documents NEPA – Little Information Exists on NEPA Analyses. GAO…
Breaking The Golden Rule: Judicial Review of Federal Water Project Planning
Oliver A. Houck, Breaking The Golden Rule: Judicial Review of Federal Water Project Planning, 65 Rutgers Law Review 1-57 (2012) From the Abstract The U.S. Army Corps of Engineers is one of the oldest institutions of the federal government, and…
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
The 5th Circuit just affirmed the lower court decision in the Katrina Levee Breaches Litigation. The Court basically rejected Flood Control Act immunity unless the “damages result from waters released by flood control activity or negligence therein.” The opinion If…