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It was both fun and a privilege to speak at a symposium at the at University of Pennsylvania Carey Law School Saturday (Jan. 20) on "The Constitutional Right to a Clean Environment." It was especially good to speak on a panel with Maya van Rossum, James R. May, Franklin Kury and Kate Burgess. Six states have environmental rights amendments to their constitutions, and only four authorize judicial enforcement of them. These states are Pennsylvania, Montana, Hawaii, and New York. (As a legislator in the late 1960s and early 1970s, Franklin Kury drafted, and led the effort for adoption of, the Pennsylvania amendment.) The symposium featured a lively and thoughtful discussion about the extent to which such provisions improve environmental and public protection. Their potential to effectively address climate change also received a lot of attention. I spoke about a draft article that analyzes the many court decisions under these provisions. The article draws three main conclusions about how they have thus far worked in practice: 1) Constitutional environmental rights and public trusts limit governmental authority to act contrary to their provisions.   2) They provide additional authority for governmental efforts to protect the environment and natural resources.   3) In Montana, they provide the basis for legal actions against private parties.  The article is available here: https://lnkd.in/e3EatS6g Many thanks to Jessie Levin and the editors and staff at the Journal of Constitutional Law for putting on a lively and informative program. #widenercommonwealthlaw #WidenerLawCW #WidenerLawCWExpertise #constitutionallaw #constitutionalrights #publictrust #climatechange  #law #legal #ABAEnvlaw #environmentallaw #lawyer 

On January 17, the U.S. Supreme Court heard oral arguments regarding two cases that could roll back authority currently exercised by federal administrative agencies in regulating corporate behavior, with potentially great impact for companies operating throughout the United States and, in particular, could limit the federal government’s ability to enforce environmental regulations. Check out the below article written by Reid and Riege, P.C. law clerk Samantha Passanante to learn more about both cases. https://lnkd.in/eup-xWKS

The willingness of the Supreme Court to wade into the murkiest of environmental issues reveals how eager the Justices are to leave their mark. The Court’s ruling in Sackett v. EPA was intended to calm the long-shifting currents of federal jurisdiction over wetlands, but it left significant eddies in its wake. Questions remain regarding the scope of federal jurisdiction, the implementation of Sackett and the resulting federal rule promulgated in fall of 2023 and litigation pending in lower courts. But more fundamentally, the receding waters of federal jurisdiction places new-found emphasis on the long-overshadowed role and authority of state and local governments and interstate compacts. Existing state laws–which vary dramatically–are receiving increased attention and scrutiny, with battle lines being drawn in state capitals and agencies across the country. And this forced patchwork approach will have significant downstream and cross-border impacts. This panel will survey the current landscape at the federal, state, and local levels, provide insights into the future of wetland regulation, and give attendees practical tools to help them navigate these dynamic waters. Join us in Chicago for SEER's 53rd Spring Conference on Environmental Law! Don't miss out—register now at AMBAR.org/SEERspring. #SEERspring #EnvironmentalLaw

"In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs." Thank you SCOTUSblog and author Amy Howe for the coverage of the Supreme Court's major ruling. #law #administrativelaw #scotus

Since 2018, the NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) has been increasingly pursuing natural resource damages (#NRD) litigation. In an article for New Jersey Lawyer magazine published by the New Jersey State Bar Association, attorneys Vinita Banthia, Matt Conley, and Daniel Farino discuss the controversy stemming from the state’s current focus on environmental enforcement and the need for more concrete guidance from the NJDEP.   Read the full article: https://bit.ly/3VnFF9s #EnvironmentalLaw #ArcherGreiner #NJLawyers #NJSBA

In this episode, of the 'Flowing Through SoCal' #Podcast, Black & Veatch expert, Sean Porter, and guest Wayne Rosenbaum from The Environmental Law Group, discuss the recent Supreme Court decision related to the Chevron Doctrine. Learn what the doctrine is and how the ruling will impact California's #WaterManagement. Listen below! 🎧

In this episode, of the 'Flowing Through SoCal' #Podcast, Black & Veatch expert, Sean Porter, and guest Wayne Rosenbaum from The Environmental Law Group, discuss the recent Supreme Court decision related to the Chevron Doctrine. Learn what the doctrine is and how the ruling will impact California's #WaterManagement. Listen below! 🎧

In this episode, of the 'Flowing Through SoCal' #Podcast, Black & Veatch expert, Sean Porter, and guest Wayne Rosenbaum from The Environmental Law Group, discuss the recent Supreme Court decision related to the Chevron Doctrine. Learn what the doctrine is and how the ruling will impact California's #WaterManagement. Listen below! 🎧

In late June, #SCOTUS overturned the longstanding legal doctrine of #Chevron deference. The effects of the decision on #ag and environmental law may take years to play out, according to NALC Staff Attorney Brigit Rollins. Check out this article for her insight on the decision: https://lnkd.in/gtr2kjFk

In this episode, of the 'Flowing Through SoCal' #Podcast, Black & Veatch expert, Sean Porter, and guest Wayne Rosenbaum from The Environmental Law Group, discuss the recent Supreme Court decision related to the Chevron Doctrine. Learn what the doctrine is and how the ruling will impact California's #WaterManagement. Listen below! 🎧