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Court opinions issued Mar. 31, 2022

3 Apr 2022, 2:07 pm by Allan Blutstein

Army Corps of Eng'rs (D.D.C.) -- finding that: (1) agency did not provide sufficient information to justify its reliance on Exemption 4 to withhold agency’s draft report that included information prepared by the State of Mississippi regarding its proposed flood control project; and (2) agency could not use Exemption 5 to withhold draft report because state agency was not a “quasi-federal” agency nor a consultant. [read post]

FOIA Advisor - http://www.foiaadvisor.com

Long-Awaited Victory on the Proper Deductibility of Post-Production Costs from Unleased Mineral Owners – The Western District of Louisiana Reverses Course in Johnson v. Chesapeake and Self v. BPX

31 Mar 2022, 12:18 pm by April Rolen-Ogden, Brittan J. Bush, Michael Ishee, Gus Laggner and Paul M. Adkins

The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter. [read post]

The Energy Law Blog - http://www.theenergylawblog.com/

Legal Education in Times of Emergency – Some Reflections

29 Mar 2022, 4:00 am by Council of Canadian Law Deans

However, the second case I read as a law student, the infamous World War II era case of Liversidge v. [read post]

Slaw - http://www.slaw.ca/

Second District Upholds EIR for Kern Water Bank Recharge Project Involving Diversion of Unappropriated Kern River Water In Certain Wet Years; Rejects CEQA Claims Alleging Inconsistent Project Description, Inaccurate Environmental Setting, And Inadequate Water Supply Impacts Analysis

24 Mar 2022, 4:56 pm by Arthur F. Coon

Buena Vista Water Storage District v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

[Eugene Volokh] Justice Kavanaugh on Strict Scrutiny

24 Mar 2022, 12:27 pm by Eugene Volokh

{Of course, in assessing risk, a government need not wait for the flood before building the levee. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Administrative Law Essay Competition Winners

17 Mar 2022, 9:10 pm by The Regulatory Review

Secretary Grumbles expressed concern that deregulation would lead to a loss in biodiversity, increased flood risks, and expensive pollution mitigation measures. [read post]

RegBlog - https://www.theregreview.org/

Text of Ukrainian President Volodymyr Zelensky's address to Congress 16 March 2022 and to the Canadian Parliament 15 March 2022

16 Mar 2022, 9:20 am

All American companies must leave Russia from their market, leave their market immediately because it is flooded with our blood. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

Petitioners Failed to Show Subdivision Consistent With a Specific Plan EIR Was Outside the Scope of a Statutory Exemption

8 Mar 2022, 11:14 am by Whitney Hodges and Brooke Miller

In Citizens’ Committee to Complete the Refuge et al. v. [read post]

Real Estate and Construction Law Blog - http://www.realestatelanduseandenvironmentallaw.com/

Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

7 Mar 2022, 6:42 pm by Amy Howe

In Bush v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Third District Rejects CEQA Challenges To El Dorado Irrigation District Ditch Piping Project, Holds EIR’s Project Description And Analysis Of Potential Hydrology, Biological Resources, and Wildfire Impacts Were Adequate

1 Mar 2022, 9:13 am by Arthur F. Coon

Save the El Dorado Canal v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Religious Freedom on Death Row

28 Feb 2022, 9:04 pm by Katherine McKeen

” Although all four of these justices seemed skeptical of Ramirez’s argument, Justices Alito, Roberts, and Thomas joined the majority in Burwell v. [read post]

RegBlog - https://www.theregreview.org/

Meandering argument showcases differing views about gambling on tribal lands in Texas

23 Feb 2022, 1:29 pm by Ronald Mann

It has not produced any great flood of litigation or difficulty. [read post]

SCOTUSblog - http://www.scotusblog.com/

Third District Addresses Significant CEQA Issues In Mixed Decision On Placer County’s EIR For Specific Plan/Rezoning Allowing Development of Martis Valley Timberlands

23 Feb 2022, 11:28 am by Arthur F. Coon

/California Clean Energy Committee v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

Summary judgment affirmed where defendant did not place structure creating nuisance on defendant’s easement.

22 Feb 2022, 5:45 am by The Law Offices of John Day, P.C.

In Walker v. [read post]

Day on Torts - http://www.dayontorts.com/

Is It Unconstitutional Discrimination to Scrutinize Idiosyncratic Religious Claims More Closely Than Conventional Ones?

18 Feb 2022, 4:30 am by Michael C. Dorf

Supreme Court case law states that "the guarantee of free exercise is not limited to beliefs which are shared by all of the members of a religious sect. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Today’s Headlines and Commentary

9 Feb 2022, 12:02 pm by Katherine Pompilio

Adam Chan discussed how the decision in Torres v. [read post]

Lawfare - http://www.lawfareblog.com/

First District Affirms Judgment Upholding Statutory CEQA Exemption For Housing Project Consistent With EIR-Reviewed Specific Plan, Rejects Claims That Changes In Project Or Circumstances Required Subsequent EIR

8 Feb 2022, 10:29 am by Arthur F. Coon

(Citing Concerned Dublin Citizens v. [read post]

CEQA Developments - http://www.ceqadevelopments.com

December 2021 Law Faculty Publications & News

24 Jan 2022, 7:36 pm by fjhinojosa

The State Bar of Texas recently appointed Prof. [read post]