Day

September 14, 2011
If you have not already felt the impact of emerging green laws and policies aimed at enhancing the energy efficiency of buildings, fear not: you soon will. As of January 2011, green laws, executive orders, ordinances, and incentives affecting buildings had been implemented in at least 45 states, 58 counties, 384 cities and towns, and...
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Rector and Visitors of the University of Virginia v. Cuccinelli (Va. Mar. 11, 2011): The Virginia Supreme Court agreed to consider the Virginia Attorney General’s request for documents concerning the so- called climategate controversy concerning grant applications of a former University of Virginia climate change scientist. In May 2010, the University filed a lawsuit objecting to...
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Southern Alliance for Clean Energy v. Duke Energy Carolinas LLC (4th Cir. Apr. 14, 2011): The Fourth Circuit affirmed a decision awarding nearly $500,000 in attorneys’ fees to environmental groups that challenged approval of a coal-fired power plant in North Carolina. The groups filed suit in July 2008, alleging that state regulators had not checked whether...
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WildEarth Guardians v. Salazar (D.D.C. May 8, 2011): A federal district court in Washington, D.C., dismissed part of a suit brought by several environmental nonprofits concerning the federal government’s decision to put coal mining leases in Wyoming’s Powder River Basin up for sale. The court dismissed the portion of the lawsuit that alleged that the decision...
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Connecticut v. American Electric Power (June 20, 2011) In an 8-0 opinion, the U.S. Supreme Court held that federal common law nuisance claims cannot be brought against utilities for their greenhouse gas emissions given that the Clean Air Act and EPA regulations displace federal common law in this area. The lawsuit alleged that under common...
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In November, Supreme Court will hear arguments in a case that could redefine the scope of privacy in an age of increasingly ubiquitous surveillance technologies like GPS devices and face-recognition software.  It even made page A31 of the NY Times, which is here. The story in US v. Jones goes like this.  Police in Washington, D.C., without a valid...
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