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Permits Public Trust Doctrine

ArentFox Schiff

Oregon District Court Permits Portions of Childrens’ Federal Climate Case to Proceed

ArentFox Schiff on

Climate change litigation continues in the headlines, this time with an Oregon federal court evaluating claims by 21 children that the federal government violated their constitutional right to a habitable environment. In...more

Sullivan & Worcester

Court Strikes Down Use of Municipal Harbor Plans for Tidelands Licensing

Sullivan & Worcester on

In a recent decision in Armstrong v. Secretary of Energy and Environmental Affairs (July 12, 2022), the Massachusetts Supreme Judicial Court (SJC) struck down a key part of the state’s Chapter 91 waterways regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Iowa Supreme Court 2 - Raccoon River 0

The Iowa Supreme Court has done it again. By a narrowly divided vote, it has snuffed out on procedural grounds litigation challenging the agricultural nutrient pollution of the Raccoon River. Originally published on the...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

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