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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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By: Christopher Halfnight, MEM Candidate, Yale School of Forestry & Environmental Studies Unconventional oil and gas development is fundamentally changing the U.S. energy landscape, bringing both new challenges and new opportunities.  Federal and state laws regulate some aspects of the shale oil and gas development life-cycle, but the pace and scale of shale plays in […]

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Chevron Step II with Teeth

This is a post for Ad-law geeks. The Pace Environmental Litigation Clinic just won its case challenging the EPA Water Transfer Rule on behalf of Trout Unlimited, Waterkeeper Alliance and Hudson Riverkeeper. The Clinic has been representing Trout Unlimited on this issue for well over a decade, since 2000 when the Clinic commenced litigation seeking […]

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Under the Public Trust doctrine, navigable waters are held in an inalienable trust by State government.  Members of the public have a right to transit by boat on  waters susceptible to navigation.  This is true even where both shorelines are under private ownership, and even where the lands under the water are held in private […]

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Agency Capture in the Carolinas

Newly released e-mails show that when Duke Energy received notice that several citizens groups (including Waterkeeper Alliance and several North Carolina Waterkeeper organizations) were planning to sue it for Clean Water Act violations at its coal ash “storage” ponds, it started active negotiations with the North Carolina Departmnent of Environmental and Natural Resources.  These negotiations […]

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Land Use and the Climate Bubble

Real estate prices in many parts of the country are beginning to fall due to the real and perceived effects of climate change on land use. What is happening on the land is an indicator that a climate bubble is forming. The probability of it bursting is increasing — in some places at breakneck speed. […]

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OK, so the title is a bit of hyperbole. But every social movement has its inspirational leaders, and Pete played a huge role in galvanizing the environmental movement. His great gift was the power of song — not [just] as performance but as political participation. He brought people together for a cleaner Hudson River and […]

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So the Supreme Court has granted cert in the Sebelius v. Hobby Lobby, Inc. and Conestoga Wood Specialties Corp. v. Sebelius cases. In both of these cases, for-profit corporations are challenging the application of the birth control coverage employer mandates of the Affordable Care Act on the grounds that these mandates violate the religious freedoms […]

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The Land Use Law Center’s annual Land Use & Sustainable Development Conference is a significant educational event in the region, with more than 200 attorneys, business professionals, and local leaders learning about national, regional, and local challenges and innovations. This year’s theme: Leading Communities toward a Resilient Future Join us on December 6th at the […]

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Advances in district energy systems, combined heat and power, and trigeneration technologies allow multiple building owners to cooperate to produce energy on-site and share power for heating and cooling to reduce energy consumption in buildings by over 70 percent; local zoning is learning how to embrace and facilitate these novel land uses. This blog post […]

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