The State of Nebraska filed a Bill of Complaint (“Complaint”) and Motion for Leave to File Bill of Complaint (“Motion”) in the Supreme Court of the United States (“Supreme Court”) against the State of Colorado in regard to a...more
This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more
For decades, Florida blamed declining oyster harvests on the State of Georgia. And, for decades, Florida’s elected officials convinced the public they were not at fault. These theories were rejected, in total, by the United...more
On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more
In an April 1, 2021 ruling, the U.S. Supreme Court overruled Florida’s exceptions to the decision of Special Master Judge Paul Kelly in its long-running dispute with Georgia over the use of water in the...more
On April 1, 2021 the U.S. Supreme Court decided Florida v. Georgia, holding that Florida failed to prove by clear and convincing evidence that Georgia’s overconsumption of interstate waters injured it, and so Florida was not...more
In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more
The Supreme Court determined in Sturgeon v. Frost that the Nation River, located near Alaska’s eastern border, is not public land for purposes of regulation by the National Park Service (NPS). This case arose due to a...more
Alaska is different—it has moose hunters on hovercrafts, many large national parks, and certain unique federal laws. Last week the U.S. Supreme Court unanimously held that National Park Service laws and regulations of general...more
On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, No. 17-949, holding that the federal government does not own a navigable water that traverses a national park in Alaska, so the water is not “public land” under...more