Environment, Land & Resources

Category Archives: Environmental Litigation

Subscribe to Environmental Litigation RSS Feed

EU Commission Launches Consultation on Green Bond Standard

The consultation aims to gather technical input from stakeholders in the green bond market before finalising an EU GBS. By Paul A. Davies, Michael D. Green, and Aaron E. Franklin On 12 June 2020, the European Commission (the Commission) published a targeted consultation document on the establishment of an EU Green Bond Standard (EU GBS). … Continue Reading

Swiss Parliament Considers Responsible Business Initiative

The initiative has the potential to significantly extend liability for certain Swiss companies in relation to abuses of human and environmental rights. By Paul A. Davies and Michael D. Green Since 1891, Swiss citizens have been able to request changes to the Swiss constitution through popular initiatives. Currently, if an initiative is put forward by … Continue Reading

US Supreme Court: Some Discharges Through Groundwater Require Permit

Decision concludes a permit is required if such discharges are the “functional equivalent” of a direct discharge to navigable waters. By Janice Schneider, Maria Hoye, and Ethan Prall On April 23, 2020, the Supreme Court of the United States issued an opinion in County of Maui, Hawai’i v. Hawai’i Wildlife Fund, holding that the Clean … Continue Reading

Dutch Supreme Court Confirms Government’s Obligation to Reduce Emissions

Court finds the Netherlands’ 20% greenhouse gas emissions target to be unacceptable, citing the UN Framework Convention on Climate Change and the ECHR. By Paul A. Davies and Michael D. Green On 20 December 2019, the Dutch Supreme Court upheld the Court of Appeal ruling in the Urgenda case, determining that the Dutch State was … Continue Reading

Satisfying ‘Daubert’ in Environmental Toxic Tort Litigation

Recent decisions have excluded plaintiffs’ expert opinions that fail to estimate actual exposure and prove it was sufficient to cause injury. By Christine G. Rolph and Laura J. Glickman Recent federal court rulings in toxic tort litigations have stressed the importance of the dose-response relationship and the need to carefully evaluate the level of exposure … Continue Reading

German Court Dismisses Farmers’ Climate Protection Claim

The court argued that the German government’s 2014 decision on climate protection goals for 2020 was not legally binding. By Jörn Kassow On 31 October 2019, the Administrative Court of Berlin dismissed a climate lawsuit brought by German citizens against the government. The plaintiffs had alleged that the government was violating their rights by missing … Continue Reading

How the Friant Ranch Decision Continues to Impact CEQA Compliance

A new webcast reveals the latest trends and approaches to CEQA compliance as the development and environmental communities react to changing law. By Marc T. Campopiano, Christopher W. Garrett, and Jennifer K. Roy On July 24, 2019, Latham & Watkins’ Project Siting & Approvals Practice hosted a 60-minute webcast, “Friant Ranch: Impact of California Supreme … Continue Reading

ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments

ECJ Decision Examines Definition of ‘Waste’ for Transboundary Consignments Request for preliminary ruling from the Hague Court of Appeal confirms that the concepts of “waste” and “discard” must be interpreted broadly. By Paul A. Davies and Michael D. Green The European Court of Justice (ECJ) recently handed down its judgment in response to a request … Continue Reading

CEQA Case Report: Understanding the Judicial Landscape for Development

2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. By James L. Arnone, Marc T. Campopiano, Christopher W. Garrett, and Lucinda Starrett Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These … Continue Reading

2012 German Law on Renewable Energy Does Not Constitute State Aid

ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow and Alexander Wilhelm The European Court of Justice (ECJ) recently ruled that the German Renewable Energy Act of 2012 (Erneuerbare-Energien-Gesetz – EEG 2012) did not constitute State aid (C-405/16 P). The ECJ found that the support mechanism … Continue Reading

California Court of Appeal Agrees Two Activities Constitute One CEQA Project

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading

Climate Litigation Targets the French Government

Four NGOs launch innovative action claiming state has not met COP21 objectives. By Paul A. Davies and Michael D. Green On 17 December 2018, four NGOs filed legal action against the French state. In the legal action, the NGOs argued that the state has not met the short-term climate change objectives set at COP21. The … Continue Reading

California Appeals Court: Which Conflicting Limitations Period Applies to CEQA Claim

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher H. Norton, Lucas I. Quass and Megan K. Ampe In a published opinion issued on October 23, 2018, Save Lafayette Trees v. City of Lafayette, Case No. A154168, the California Court of Appeal upheld the trial court’s decision to grant a demurrer without leave … Continue Reading

California Court of Appeal Clarifies Procedural Requirement for Requesting CEQA Petition Hearing

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Kimberly D. Farbota, and Natalie C. Rogers In an unpublished opinion issued May 3, 2018, Endangered Habitats League, Inc. v. City of San Marcos, Case No. D072404, the California Court of Appeal determined that the Endangered Habitats League (Petitioner) … Continue Reading

California Court of Appeal Upholds Ruling on Area Plan Modifications

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Lauren Glaser, and Natalie C. Rogers In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427, the California Court of Appeal rejected the Center for Biological Diversity’s (Petitioner) appeal … Continue Reading

California Court of Appeal Dismisses Time-Barred Challenge to Development Phase

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the … Continue Reading

California Court of Appeal Upholds Noise Analysis in Negative Declaration

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Megan K. Ampe, James A. Erselius In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial court’s judgment upholding the City of Santa Rosa’s (City’s) negative declaration … Continue Reading

California Appeals Court Determines Threshold and Scope for EIR Requirement

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading

Environment Agency Data Shows Spike in Enforcement Undertakings in England and Wales

The growth in the level of undertakings throughout 2018 tallies with a general increase in environmental enforcement. By Paul A. Davies and Michael D. Green The Environment Agency has released data indicating that enforcement undertakings in England and Wales reached more than £2.2 million in 2018 — the highest-ever levels within a single year. The amounts … Continue Reading

Insurance Coverage: US State Courts Rule for Insureds in Three Recent Policyholder Decisions

Companies facing products or environmental liability claims should immediately consider insurance coverage from current and historical policies in light of applicable state law. By Christine G. Rolph and Laura J. Glickman In recent months, the highest courts of several US states have issued important pro-policyholder decisions on insurance coverage issues. The following three cases illustrate … Continue Reading

California Court of Appeal Upholds Use of Climate Scoping Plan as Threshold of Significance

By Kimberly D. Farbota, Jennifer K. Roy, and Christopher Garrett CEQA Case Report: Understanding the Judicial Landscape for Development[i] In an unpublished opinion issued August 28, 2018, Forest Preservation Society v. Department of Forestry and Fire Protection, Case. No. SCUK-CVPT-15-66284, the California Court of Appeal affirmed the trial court’s judgment and upheld the California Department … Continue Reading
LexBlog