Articles in Environmental Law

UPDATE: U.S. SUPREME COURT DENIES CERT. IN INDIAN RESERVED GROUNDWATER RIGHTS CASE

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The U.S. Supreme Court today (November 27, 2017) upheld a key decision affecting Native American tribal rights. Last March, we posted regarding the remarkable Ninth Circuit decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (849 F.3d 1262 (2017)), in which the Ninth Circuit affirmed that the federal “reserved rights” doctrine for water established in the Read More

How New York State Is Making Energy Storage A Priority

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Law360, New York (August 3, 2017, 11:19 AM EDT) -- Notwithstanding New York’s aggressive efforts to lead the way in renewable energy and carbon  reduction, its programs have been relatively anemic when it comes to encouraging energy storage. In 2015, New York launched the NY-Sun Commercial / Industrial Incentive Program, which offered performance-based incentives for large-scale solar photovoltaic systems, and Read More

The new power block built in Kozienice did pass muster!

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After initial testing on Saturday, 9 September 2017, the new power block 11 was commissioned in the Kozienice Power Station owned by Enea S.A.  This type of coal-fired power plant is the largest in Poland and one of the largest in the world. The latest power unit in Kozienice will produce approx. 8 TWh of electricity per year, 5% of Read More

New energy requirements turn up the heat in the commercial property market in Scotland

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New energy performance regulations that came into force in Scotland last month (September 2016) could have significant financial implications for owners and tenants of commercial property. On the one hand, the regulations will add costs for owners and tenants. On the other, owners or tenants who do their homework can manage the cost and even benefit from the change – Read More

How Does the Supreme Court’s Hawkes Decision Affect Dredge and Fill Permitting Under the Clean Water Act?

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There are many incentives for land developers to challenge the government’s determination of what are “waters of the United States” under the Clean Water Act—mainly the prospective savings of significant dollars in permits, mitigation and fees. This past May, the Supreme Court ruled in the case of US Army Corps of Engineers v. Hawkes Co. that federal determinations of protected Read More