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Category Archive for 'Litigation and Dispute Resolution'

By Daniel E. Estrin Adjunct Professor of Law, Pace Law School Supervising Attorney, Pace Environmental Litigation Clinic A very important public trust decision was issued yesterday by the New York State Court of Appeals in a case brought by the Pace Environmental Litigation Clinic’s good friends and allies at the Super Law Group. New York State’s highest court ruled in Capruso v. Village […]

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David Cassuto (x-post from Animal Blawg) There’s a story about a Canadian farmer who won a $100 million tax-free, lump sum payment in the Canadian lottery.  When asked what he would do with the money, he replied “I guess I’ll just keep farming until the money’s gone.” Now let’s talk about animal law. Asian elephants are […]

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David Cassuto (x-post from Animal Blawg) The National Marine Fisheries Service (NMFS) has construed the Endangered Species Act to exclude captive populations of  the endangered Southern Resident killer whale population.  This means that these endangered orcas  are deprived of the protections of the statute and can be exploited for profit by commercial operations.  A number of individuals […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School The U.S. Court of Appeals for the Third Circuit last month issued two well-reasoned and important opinions regarding the enforcement and application of federal environmental statutes. First, on October 3, 2011, the court considered federal court abstention […]

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by John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation – and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved Connecticut v. AEP and the U.S. Supreme Court. This […]

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David Cassuto Between Kathleen and me, we’ve taken up a lot of blawgwidth over at the Animal Blawg on the battle to delist the gray wolf in the Northern Rockies and the ultimately successful attempt to make the delisting a part of the budget agreement.  Yet, there’s so much more to be said.  Here’s my […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School I have blogged over the past few months about a case the Pace Environmental Litigation Clinic and our co-counsel have attempted to bring against the two largest mountaintop removal coal companies operating in Kentucky.  Most recently, I posted about our legal intern Peter Harrison’s trip to Kentucky to […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School I previously posted (here and here) about our cases against the two largest mountaintop removal coal companies operating in Kentucky.  As a refresher, our clients discovered last year that International Coal Group (ICG) and Frasure Creek Mining had falsified their discharge […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School On January 10, 2011, the American Farm Bureau Federation (“AFBF”) sued the EPA in the U.S. District Court for the Middle District of Pennsylvania alleging that the agency’s promulgation last month of a total maximum daily load […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School How many of us have worked our tails off on a motion or an appeal and then received a ruling from a tribunal that fails to satisfy us that our arguments were even read, much less thoughtfully […]

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