This is a brief report on new environmental law decisions, regulations and legislation.
THE U.S. SUPREME COURT
Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce
On March 22, 2021, the Supreme Court rejected a petition to review a Presidential decision to invoke the Antiquities Act of 1906 to designate as a monument “an area of submerged land about the size of Connecticut” in the Atlantic Ocean. This action forbids all sorts of economic activity, which compelled the filing of litigation in the First Circuit challenging this designation. Chief Justice Roberts supported the Court’s denial of certiorari, but remarked that a stronger legal case may persuade the Court to review such liberal uses of the Antiquities Act.
Texas Supreme Court To Decide If ERCOT Is Immune From Winter Storm Lawsuits | Husch Blackwell LLP
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Lawyers for Texas Winter Blackout Victims Seek to Fast-Track Investigations, Testimony
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How Unprecedented Was the February 2021 Texas Cold Snap? by James Doss-Gollin, David J Farnham, Upmanu Lall, Vijay Modi |March 16, 2021
Texas Guardsmen assist a motorist stuck on snow and ice on February 17, 2021 in Abilene, Texas. Photo: Texas Army National Guard/Staff Sgt. Yvonne Ontiveros
Valentine’s Day brought Arctic air to the Central and Southern United States and with it, widespread disruption of highly vulnerable energy, electricity, and water systems. Millions lost power and the ability to heat their homes. Roads iced over, pipes burst, and failing water mains left many without safe drinking water.
Infrastructure failed along several modes. Parts and equipment (pumps, valves, pipes, wind turbine blades, etc.) that were not adequately designed and weatherized for these low temperatures malfunctioned. This equipment in turn caused critical energy, power generation and water systems to stop functioning. At the same time, soaring demand for energy (both e