Matthew Austin’s Post

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U.S. Supreme Court to review emergency petition challenging EPA's Good Neighbor Rule.  Stay updated on crucial environmental law developments. Learn more! https://lnkd.in/gjseuV9d #SupremeCourt #EnvironmentalLaw #EPA #LegalNews #SCOTUSUpdate

ICYMI - on the blog this week, summary and analysis by Richard Honey KC of the recent permission decision in ClientEarth v FCA. Another example (like ClientEarth v Shell, covered on the blog here: https://lnkd.in/eNR8vSV6 ) of an ultimately unsuccessful attempt to use legislation relating to corporate matters to generate duties in relation to #climatechange . Definitely an area to watch!

My case comment on ClientEarth derivative litigation against the directors of Shell will be published open access next month (December) in the Environmental Law Review, highlighting why the claim was unsuccessful, why such claims are not worth pursuing, an error in reasoning in the judgment, and why it shows a need for increased public ordering to meet environmental law goals. #EnvironmentalLaw #CorpGov #CorporateGovernance #CompanyLaw #ClimateRisk #ClimateChange

In 2019, the Canadian Parliament enacted the Impact Assessment Act (IAA) to strengthen federal environmental assessment. This Act, alongside the Physical Activities Regulations, aimed to evaluate the environmental, health, social, and economic impacts of significant projects. However, its broad regulatory scope led to a constitutional challenge, questioning the extent of federal authority over environmental issues. The IAA proposed a two-layer framework, with the first layer focusing on federal projects and the second on "designated projects." The Alberta Court of Appeal ruled the latter unconstitutional, leading to a Supreme Court review. The Supreme Court found that the broader application of the IAA exceeded federal legislative authority, especially in its decision-making processes and the definition of "effects within federal jurisdiction." This ruling highlights the complexity of balancing environmental governance with constitutional law in Canada. While parts of the IAA were upheld, the decision underscores the necessity for legislation that respects the federal-provincial division of powers. Justices Karakatsanis and Jamal provided a dissenting opinion, advocating for a collaborative approach in environmental legislation between federal and provincial governments. This case serves as a crucial reminder of the intricate balance required in environmental legislation, ensuring the preservation of both environmental integrity and constitutional law in Canada. #EnvironmentalLaw #CanadianLegislation #ImpactAssessmentAct #ConstitutionalLaw

Does #NEPA require an agency to consider environmental impacts beyond the proximate effects of actions within the agency's jurisdiction? That's the question that the U.S. Supreme Court has agreed to take up in response to a petition that Venable filed in March. Read more. #EnvironmentalLaw Jay Johnson Fred Wagner

When it comes to environmental law and regulations, the only question now remaining is when—and not if—the courts will be asked to resolve contentious issues, says Crowell & Moring’s Elizabeth Dawson. Read more in the #LitigationForecast:

When it comes to environmental law and regulations, the only question now remaining is when—and not if—the courts will be asked to resolve contentious issues, says Crowell & Moring’s Elizabeth Dawson. Read more in the #LitigationForecast:

When it comes to environmental law and regulations, the only question now remaining is when—and not if—the courts will be asked to resolve contentious issues, says Crowell & Moring’s Elizabeth Dawson. Read more in the #LitigationForecast:

In this latest FTB Environmental Law Blog post, Francis Taylor Building's Richard Honey KC discusses the High Court's decision re ClientEarth’s judicial review of the Financial Conduct Authority’s decision to approve the prospectus of Ithaca Energy plc - https://lnkd.in/emPhHKeS Subscribe to #elb: https://lnkd.in/eX6CStUw #climatechange #environmentallaw #highcourt #blog