A Mexican municipality violated the National Water Act when it built a breakwater on Lake Chapala without obtaining a concession from the National Water Commission. The Commission initiated action against the Municipality and ordered the breakwater’s demolition. The Constitutional Court upheld the demolition order.
Owner of motor speedway held liable to nearby landowner for committing a nuisance. Although speedway owner obtained planning consent and the landowners moved into their house after the speedway had been operating for more than 20 years, neither of these factors constituted a defense. Court reinstated injunction limiting the amount of noise emitted from the speedway.
A U.S. energy regulatory agency violated the National Environmental Policy Act when it issued a certificate authorizing a natural gas company to upgrade part of a pipeline. The agency improperly segmented its environmental review of the project by failing to consider the cumulative and connected impacts of other related pipeline projects in the vicinity.
The supersession clause in the statewide Oil, Gas and Solution Mining Law does not preempt the authority vested in municipalities to regulate oil and gas production activities, including hydrofracking, within municipal boundaries.
Upholding Land and Environment Court decision declaring that an open-cut coal mine should not be allowed to expand because the economic benefits of continued mining do not outweigh the impacts to nearby residents and loss of biodiversity.
This project has been made possible by the generous support of the Philip Stoddard Brown and Adele Smith Brown Foundation