In my last post, I compared the Dutch bet on prevention with the American bet on response. This time I want to write about the single most astonishing piece of prevention I have ever seen: the Maeslant Barrier (Maeslantkering),
Catalina Clouthier, Research Fellow Brigit Rollins, Staff AttorneyIn 2024, the United States Fish and Wildlife Service (“FWS”) released a final rule regarding drain tile setbacks for federally-owned wetland easements in the Prairie Pothole Region. The 2024 final Drain Tile Setback
On October 23, 2026, the Court vacated its order to hold an Early Neutral Evaluation (ENE) conference in the ongoing litigation involving a First Amendment challenge to SB 343, California’s “Truth in Recycling” law. California League of Food Producers v.
PFAS, or per- and polyfluoroalkyl substances – which are widely used across industries and in life sciences applications, from cosmetics and food-contact-material to medical devices and pharmaceuticals – have become an increasing focus of regulatory scrutiny across Europe. In the
Week of October 19
This week’s environmental and energy stories highlight a familiar challenge: policy goals may move quickly, but permitting, implementation, and compliance often do not. From efforts to advance wind, transmission, pipeline, deep-sea mining, and carbon storage projects
In August, New Zealand amended its Climate Change Response Act 2002 (CCRA) to bar tort liability for “emissions-related climate change effects”, thus interfering with the pending case of Smith v Fonterra. In a previous post, I suggested this
Ask someone why they are hesitant to buy an electric vehicle, and battery degradation almost always comes up near the top of the list. The fear feels intuitive enough, since everyone has experienced a smartphone battery that barely lasts half
In an opinion filed on September 17, and later ordered published on October 15, 2026, the Fifth District Court of Appeal reversed a judgment granting a writ of ordinary mandamus ordering the Department of Conservation, Geologic Energy Management Division (“CalGEM”) to issue
Overview
For decades federal agencies have repeatedly attempted to expand their regulatory authority beyond the boundaries established by Congress. Few areas demonstrate this tendency more clearly than the Environmental Protection Agency’s (EPA) interpretation of the phrase “waters of the United
The American Bar Association (ABA) has just published Sustainability and Climate Change Risks and Opportunities In Real Estate Development: A Practice Guide for Lawyers. ABA’s Section of Environment, Energy, and Resources is making it available to anyone without charge here.
