Environmental Law

Pen Pals

Matthew Strugar received the first mysterious postcard in August 2018. On one side, two black-and-white patterned orcas leapt into the air from their large tank of turquoise water at SeaWorld. The handwritten plea on the back of the postcard was signed, “Sincerely, Your imprisoned orca clients.” Most lawyers would have found the note odd, but for Strugar, it struck a familiar chord.

Apr 1, 2022 4:00 AM CDT

SCOTUS will consider whether California pork law may violate dormant commerce clause

The U.S. Supreme Court on Monday agreed to decide whether pork producers can sue over a California law said to have the effect of regulating pig enclosures nationwide.

Mar 29, 2022 9:37 AM CDT

Should the UN establish a right to a healthy environment? ABA urges US to vote yes

In a late February briefing, Nadia Ahmad introduced a group of ABA members and Capitol Hill staffers to Resolution 48/13—a measure adopted by the United Nations Human Rights Council that for the first time recognizes having a clean, healthy and sustainable environment as a human right.

Mar 29, 2022 8:51 AM CDT

Chemerinsky: SCOTUS could make significant ruling on EPA’s authority to fight climate change—or not

In a term likely filled with blockbuster cases, West Virginia v. Environmental Protection Agency is an enigma: It could turn out to be unimportant and dismissed without a decision; it may be a major ruling on the scope of the EPA’s power; or it could be a huge decision about judicial review of agency decisions. The case, which was argued on Feb. 28, arose in an unusual procedural posture that may cause the court to dismiss it. But if the justices reach the merits, it could be a decision of great significance about environmental and administrative law.

Mar 3, 2022 12:08 PM CST

Animal cruelty can qualify as domestic violence, state supreme court says

An animal cruelty conviction for beating and killing an intimate partner’s dog can qualify for a domestic violence designation under Washington law, the Washington Supreme Court has ruled.

Feb 23, 2022 9:18 AM CST

Judge Ketanji Brown Jackson writes first appellate opinion; she’s seen as a potential SCOTUS nominee

The U.S. Court of Appeals for the District of Columbia Circuit has released the first opinion written by Judge Ketanji Brown Jackson, who is considered a potential U.S. Supreme Court nominee to replace retiring Justice Stephen G. Breyer.

Feb 2, 2022 10:40 AM CST

Troubled Waters

As interest in outdoor recreation has surged, more people are clashing with property owners over the right to be on the waterways. The conflict over the uses of—and even the definitions of—public and private space is a legal conundrum bedeviling locales across the country.

Feb 1, 2022 4:00 AM CST

Meet 12 ABA members who inspired us in 2021

The ABA Journal regularly profiles exceptional ABA members in its Members Who Inspire series. In the past year, we featured many in the legal field who are encouraging and energizing others with their good work, including advocating for inmates on death row, mentoring prospective law students of African descent and fighting to stop bullying in the workplace.

Dec 17, 2021 9:34 AM CST

Check out our 9 favorite Instagram posts from 2021

It's been quite a year in the legal industry and for coverage here at the ABA Journal, and it's hard to believe that 2022 is right around the corner.

Dec 13, 2021 10:16 AM CST

How I went from civil litigator to animal policy strategist

Nearly 40 years into my legal career, I own and manage the Animal Policy Group and am shoulder-deep in every issue involving pets in the United States, usually on behalf of the biggest players in the pet sector—from veterinary to pharmaceutical, nutrition to retail and even veterinary colleges.

Dec 1, 2021 2:20 AM CST

ABA observers will share their takeaways from the UN climate change conference in Glasgow

Next week, ABA members who attended and observed COP26 in Glasgow, Scotland, will share their takeaways from the annual summit and ideas for how others can get involved.

Nov 24, 2021 8:59 AM CST

Officer who shot service dogs not entitled to qualified immunity, 8th Circuit says

A federal appeals court ruled Monday that a Minneapolis police officer was not entitled to qualified immunity in a lawsuit alleging that his shooting of two service dogs violated the constitutional rights of their owners.

Nov 16, 2021 11:06 AM CST

Weekly Briefs: Steven Bannon indicted for contempt of Congress; DC Circuit gives Trump initial records victory

Steve Bannon is indicted for contempt of Congress Steve Bannon, a former adviser to former President Donald Trump, was indicted Friday for contempt of Congress for failing to comply with a subpoena issued by the House committee investigating the Jan. 6 attack on the U.S. Capitol. Bannon is charged with…

Nov 12, 2021 3:43 PM CST

Imprisoned, disbarred lawyer who fought Chevron has been turned into an ‘environmental martyr’

Imprisoned, disbarred environmental lawyer Steven Donziger has become a cause celebre as he fights a six-month sentence for refusing to surrender his electronic devices in a lawsuit against him by the Chevron Corp.

Nov 8, 2021 2:06 PM CST

Weekly Briefs: ‘Copyright troll’ lawyer is suspended; law grad who married Japanese princess fails bar

‘Copyright troll’ lawyer is suspended in NY A New York appeals court has suspended a lawyer once deemed a “copyright troll” because of the large number of copyright complaints that he filed on behalf of photographers. The Appellate Division’s Second Judicial Department of the New York Supreme Court suspended lawyer…

Nov 5, 2021 3:16 PM CDT