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Grand Canyon Trust v. Provencio
A district court granted summary judgment for the Forest Service in a challenge against its determination that a mining company had "valid existing rights" (VER) at a uranium mine in the Kaibab National Forest when DOI withdrew public lands around the Grand Canyon from new mining claims. A Native Am...
Brexit and Environmental Law
The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific environmental laws and regulations that are more attuned to issues facing the country. Others believe the departure could lead to deregulation, a lack of consistency and stability, and potential decreases in advances made.
Annual Review of Chinese Environmental Law Developments: 2019
The Communist Party of China (CPC) reaffirmed its emphasis on environmental protection in a decision adopted by the fourth plenum of its 19th Central Committee, held in December 2019.1 Part 10 of this decision specifically addresses environmental protection under the topic of Developing a System of Rules for Ecological Civilization, and consists of an introductory paragraph and four additional paragraphs calling for (1) the most stringent legal rules for environmental protection, (2) rules on the efficient use of resources, (3) rules on ecological protection and restoration, and (4) ru
Voyageur Outward Bound School v. United States
A district court upheld DOI's renewal of two mineral leases that had previously been rejected for a copper-nickel mine in Superior National Forest. Businesses and environmental groups argued that DOI's authority to reconsider its decision to renew was limited to ministerial or inadvertent errors, an...
Wildgrass Oil and Gas Committee v. Colorado
A district court dismissed constitutional challenges to Colorado's forced pooling statute, under which property owners were required to allow oil and gas companies to extract their minerals. A group of property owners argued the statute violated the First Amendment by requiring non-consenting owners...
King and Gardiner Farms, LLC v. Kern, County of
In a partially published opinion, a state appellate court set aside Kern County's approval of an ordinance amendment proposed by oil and gas industry groups to streamline the permitting process for new oil and gas wells. Environmental groups, community groups, and a local farm argued that the enviro...
NorthMet Project Permit to Mine Application Dated December 2017
A state appellate court reversed the Minnesota Department of Natural Resources' decisions to deny petitions for a contested-case hearing and issue mine and dam safety permits for a proposed copper-nickel-platinum mine in northeastern Minnesota. Environmental groups petitioned the Department for a he...