Natural Resource Damages & Environmental Justice
In perhaps his most controversial cabinet appointment yet, earlier today, President-elect Trump said he would nominate Florida Rep. Matt Gaetz as U.S. Attorney General. Although Gaetz’s nomination was met with skepticism by...more
Florida leads the nation in the number of recreational boats, with over 1 million registered in 2022 according to a report of the Florida Fish and Wildlife Conservation Commission (“FWC”). And, according to the U.S. Coast...more
In Gilliard v. Manhattan Nuvo LLC, New York’s Appellate Division, First Department held that the assumption of the risk doctrine did not extend to an accident at a birthday party at a hookah (a water pipe used to smoke...more
Continuing our series of articles reviewing the lesser publicized aspects of the American Rescue Plan Act guidance (hence, the “B-sides” moniker), here we address the U.S. Treasury’s issued guidance as it relates to spending...more
In natural resource damage assessments (NRDAs), both injury to resources and the beneficial effects of restoration actions unfold over time, sometimes over periods spanning multiple generations. To make losses and gains...more
Boating accidents are unfortunately common in Delaware, particularly in the summer season when visitors come from across the state and the country to enjoy our waterways. In 2021, there were 17 reported boating accidents in...more
Anyone who has participated in adventure sports from SCUBA diving to whitewater rafting has seen it before: the document where you sign your life away. The best of them ask you to fill your name out at the top and then to...more
Abstract - Determining the amount of restoration needed to compensate the public for injury to natural resources is central to estimating natural resource damages (NRDs). Formal restoration scaling methods have not...more
In its simplest form, a plaintiff who voluntarily participates in a sporting or recreational event is considered to have consented to those commonly-appreciated risks that are inherent in and arise from participating in the...more
This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. ...more
On November 8, 2021, SafePassLA officially went into effect. The Los Angeles City ordinance requires patrons of covered locations to demonstrate proof of full vaccination against COVID-19 before entering indoor spaces....more
The tenets of good seamanship and common sense dictate that your boat should never be unintentionally adrift. Unfortunately, Murphy’s Law applies equally on land and at sea. Whether caused by a mechanical failure, a broken...more
As of Monday, restaurants, bars, malls, gyms, yoga studios, movie theaters, sports arenas, hair salons and many other businesses in Los Angeles must begin requiring that patrons show proof of vaccination for COVID-19 before...more
October 25, 2021, the City of Seattle’s new local Verification of Vaccination Order went into effect, requiring and empowering local officials to require all patrons and customers (aged 12 years and older) to provide...more
New York City Mayor Bill DeBlasio's Executive Order No. 225 (entitled "Key to NYC") requires workers and patrons to present proof of at least one dose of a COVID-19 vaccine authorized by the Food and Drug Administration or...more
On July 22, 2021, the U.S. Economic Development Administration (EDA), a bureau within the U.S. Department of Commerce, announced that it will implement a series of programs, collectively called "Investing in America's...more
New Jersey has implemented a number of measures in an effort to reduce the transmission of COVID-19, including extending the public health emergency, further restricting dining and bar operations, reducing capacity at...more
So often the maritime disasters in and around the United States that garner the trade press headlines or U.S. Supreme Court rulings occur off the coasts of the country and the Gulf of Mexico. However, vital commerce and...more
Residential cooperatives (coops) and condominiums (condos) should proceed with caution when opening their indoor pools. In a recent Alert, we advised that residential coops and condos in New York City (NYC) are permitted to...more
On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual...more
Just in Time for Fireworks: North Carolina Governor Signs into Law Limited Immunity from COVID-19 Related Claims Arising from the Reopening of Community Pools - The Buzz - Part VI, of North Carolina House Bill 902,...more
On June 3, 2020, New Jersey Governor Phil Murphy issued Executive Order 150 (EO 150), which will lift certain restrictions on restaurants, cafeterias, dining establishments, and food courts by allowing for in-person service...more
On Tuesday, June 9, 2020, Governor Phil Murphy signed Executive Order No. 153 (EO 153) which permits outdoor swimming pools to open effective June 22 and permits additional outdoor recreational facilities to open effective...more
Effective May 22, 2020 at 5pm, North Carolina will enter what the Governor calls "Phase 2" of the Governor's prolonged phases of reopening the state. To enter Phase 2, the Governor issued Executive Order 141 to implement...more
On May 18, 2020, New Jersey Governor Phil Murphy issued Executive Order 147, which allows for the resumption of certain outdoor recreational businesses (subject to conditions and restrictions), and loosens some of the...more