Latest 2 Cases This Week: Boston Redevelopment Auth. v. Nat'l Park Serv. (1st Cir.), Carbon County Res. Council v. Bd. of Oil & Gas Conservation ( ...

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Subject: Latest 2 Cases This Week: Boston Redevelopment Auth. v. Nat'l Park Serv. (1st Cir.), Carbon County Res. Council v. Bd. of Oil & Gas Conservation ( ...
 

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Weekly Opinion SummariesEnvironmental Law
Weekly Summaries Distributed September 30, 2016
· Boston Redevelopment Auth. v. Nat'l Park Serv.
Environmental Law, Government & Administrative Law, Real Estate & Property Law
U.S. Court of Appeals for the First Circuit · Carbon County Res. Council v. Bd. of Oil & Gas Conservation
Constitutional Law, Energy, Oil & Gas Law, Environmental Law, Government & Administrative Law
Montana Supreme Court Receive this and other FREE daily opinion summaries from Justia
Boston Redevelopment Auth. v. Nat'l Park Serv.Court: U.S. Court of Appeals for the First Circuit Docket: 15-2270 Opinion Date: September 23, 2016 Areas of Law: Environmental Law, Government & Administrative Law, Real Estate & Property Law At issue in this dispute was a piece of real estate, called Long Wharf, that juts into Boston Harbor. The Boston Redevelopment Authority (BRA) wished to develop the Long Wharf pavilion, which stands at the northern side of the Wharf, for commercial purposes, but the National Park Service (NPS) refused to grant the BRA permission to do so on the ground that the land remain open for recreational use. The BRA sued NPS and the Secretary of the Interior under the Land and Water Conservation Funds Act. The district court granted summary judgment in favor of the defendants. The First Circuit affirmed, holding that the decision of the NPS was supported by substantial evidence and was neither arbitrary nor capricious. http://j.st/468R View Case On: Justia Google Scholar

Carbon County Res. Council v. Bd. of Oil & Gas ConservationCourt: Montana Supreme Court Citation: 2016 MT 240 Opinion Date: September 27, 2016 Areas of Law: Constitutional Law, Energy, Oil & Gas Law, Environmental Law, Government & Administrative Law Carbon County Resource Council and Northern Plains Resources Council (collectively, Resource Councils) challenged the Montana Board of Oil and Gas Conservation’s (the Board) approval of well stimulation activities at an exploratory gas well in Carbon County. Specifically, Resource Councils claimed that the Board’s permitting process violated their constitutional right to meaningfully participate in government decisions. The district court concluded that Resource Councils’ constitutional challenge was not ripe for judgment and granted summary judgment in favor of the Board. The Supreme Court reversed, holding (1) Resource Councils’ claims are ripe for judicial review; but (2) the Board did not violate Resource Councils’ right to participate in its consideration of the permit at issue in this case. http://j.st/46BL View Case On: Justia Google Scholar
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