A Federal Court has recently thrown open the door to potential civil challenges to both private and governmental sources of greenhouse gas emissions, based on the Federal common law of nuisance. For those who believe the Environmental Protection Agency (EPA) has acted too slowly in promulgating greenhouse gas regulation, civil actions are now possible at least in the Second Circuit. However, the Supreme Court may now scrutinize the Second Circuit’s decision. Based on a recent Fourth Circuit decision on a similar issue, the “Nine” may be tempted to follow in Moses’ footsteps and pare down the Second Circuit decision to apply only to greenhouse gas emissions from Federal projects.
Forget His Investments – Judge Feldman is Wrong for All the Right Reasons
Posted in Environmental, Transportation
Much has been made by progressive bloggers and commentators of the 17 energy investments owned by Judge Martin Feldman of the Federal District Court in New Orleans. Judge Feldman recently granted a preliminary injunction to energy company challengers to the Obama Administration’s May 22, 2010 moratorium on deep water drilling in the Gulf of Mexico. Those commentators missed the point. While Judge Feldman may, or may not, have breached the Canon of Judicial Ethics by deciding a case in which he had a financial interest, it is Chevalier, Allen & Lichman’s view, based on extensive experience in litigation against government agencies in the Federal courts, that Judge Feldman made manifest errors of law by failing to grant deference to the Department of the Interior in its determination that further drilling without additional safety inspections would endanger the public safety, and by allowing the economic interests of drilling companies to carry the weight in the balance of harms.
Continue Reading Forget His Investments – Judge Feldman is Wrong for All the Right Reasons
LAWA Proposes $647.6M Airports Budget for New Fiscal Year
Posted in Airports
Los Angeles World Airports on Monday projected a $647.6 million operating budget for the fiscal year that begins July 1, according to preliminary figures. The operating budget covers day-to-day expenses at Los Angeles International Airport and the agency’s smaller airports in Ontario and Van Nuys. On its own, LAX’s operating costs during the 2010 fiscal…
Trapped Airline Passengers Have Rights
Posted in Airlines, Federal Aviation Administration (FAA)
UPDATE: See also Dr. Lichman’s recent post "Passengers Detained Have Constiutional and Other Legal Rights," which was posted August 13, 2009.
Most of us have been caught in airplanes delayed on the tarmac for what seems like an eternity. Some of us have really been trapped for as long as 10 hours, often…