ClientEarth’s Post

The Mar Menor in Spain was in 2022 the first ecosystem in Europe to get the status of a legal person. Two years later local farmers asked the regional government to adjust the legal rights of the Spanish lagoon. According to these organisations the legal rights have become a sword of Damocles for the agricultural sector. Protecting the environment should not only focus on agricultural but on all activities in and around the lagoon. https://lnkd.in/dDS7saJr

New Post: What the Supreme Court Fishery Case Could Mean for Federal Agencies’ Power - The Supreme Court heard arguments on Wednesday in a set of cases that could pave the way for its conservative supermajority to undercut how American society imposes rules on businesses, advancing a key goal of the conservative legal movement.Such a ruling would make it easier to challenge regulations across a gamut of issues, like keeping the air and water clean, ensuring that food, drugs, cars and consumer products are safe and much more.The court is expected to issue its ruling by the end of its term, most likely in June. But it remains unclear how sweeping any ruling — and its consequences — would be. Here is a closer look:What is at issue?The plaintiffs in the case are asking the Supreme Court to overturn a major 1984 precedent, Chevron v. Natural Resources Defense Council. The decision lays out a framework that federal judges — especially at the district and appeals court levels — have used for decades to resolve the myriad legal challenges to regulations.People who do not like particular rules can file lawsuits arguing that an agency exceeded the limits of the authority Congress granted to it. According to the precedent established in Chevron, if part of the law Congress wrote empowering a regulatory agency is ambiguous but the agency’s interpretation is reasonable, judges should defer to the agency.In the cases argued on Wednesday, owners of commercial fishing vessels are challenging a regulation issued by the National Marine Fisheries Service. It requires commercial fishers to pay the cost of monitors who prevent overfishing. An appeals court upheld the rule based on Chevron methodology, and the plaintiffs are asking the Supreme Court to reverse that — and to overturn Chevron.Why is the case important?Even though the question of who pays for fishery monitors mainly affects only a handful of commercial fishers, the principle the case establishes could profoundly influence how the government imposes rules on a range of businesses.Critics of Chevron argue that the approach puts too much power in the hands of executive branch agencies, and that courts are abdicating their authority to interpret the law. Proponents of it argue that without such a filter, courts will be micromanaging any number of exceedingly technical issues that judges have no expertise to resolve.“If Chevron disappears,” said Jody Freeman, a Harvard University law professor who specializes in administrative and environmental law, it could become “a free-for-all for judges to dig into the nitty-gritty of everything agencies are doing” and “an invitation for interest-group lawyers to try to tie up the agencies in legal knots.”Notably, the lawyers representing the commercial fishing business plaintiffs in Wednesday’s case are backed by the petrochemicals billionaire Charles Koch. He and his brother, David Koch, who died in 2019, have for decades funded libertarian-

Did You Know…💡 In South Africa, you cannot obtain a trade mark monopoly on the name of a genus or species. This interesting aspect of trade mark law (originating from a 1957 case between the Registrar of Trade Marks and Wassenaar) helps protect biodiversity and ensures unrestricted use of natural species names. When registering trade marks under Class 31, which includes live animals, seeds and plants, there is a specific requirement: these trade marks must be endorsed with a “varietal endorsement.” This endorsement ensures that the names of natural species remain available for everyone to use and are not monopolized through trade mark law. This practice reflects the balance between intellectual property rights and public interest, promoting fairness and accessibility in the fields of agriculture, horticulture and pet industries. 🔍 Curious about how this impacts your business or want to know more about trade mark law in South Africa? Contact us at STEYN IP® for expert advice. 🐾🌱🦋 #DidYouKnow #Biodiversity #STEYNIP #DreamersWelcome #AINNO #LegalMavericks #ProtectingCreativity #ProtectingDreams #IPinsights #createPROTECT #letsTALKip #intellectualproperty #intellectualpropertylaw #trademarks #patents #copyright #designs #YourBrandProtected #dreamBIG #IPLaw #ip #InnovationMatters #FileFirst #SIP #FunFactFriyay #funfactfriday

What can you do as FB and Insta go wild today? Help #savejulianna While at the Public Interest Environmental Law Conference this weekend, I learned the status of the Juliana v United States case that has been open since 2015. Yep, 2015. This case has been delayed by the government for 9 years. To be exact, the DOJ has attempted 22 times to kill the case. And now, they are using a tactic that is RARELY used. In fact, as you can see on the poster.... Of the 40,000+ open cases against the government right now... This extreme legal tactic have only been used to single out one case: Juliana. How? Petition for a Writ of Mandamus A mandamus is normally issued when an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed. A mandamus is an emergency government power to be used when no other remedy is available. In this example, the mandamus is the DOJ (who is the DEFENDANT) is demanding that the courts squash the case because the DOJ claims it is the court's duty to do so!!! Respected legal scholars and former DOJ attorneys agree this use of the writ of mandamus is legally wrong, and the DOJ has no basis to make this extraordinary move. Now is the time to make your voice heard! Scan one of these QR codes to send a letter. Or grab the link in the first comment. They are asking 40k of us to do so. Today, I was number 29,633.

𝗟𝗲𝗸𝘀&𝗖𝗼 𝗪𝗶𝗻𝘀 𝗮𝗻 𝗔𝗽𝗽𝗲𝗮𝗹 𝗼𝗻 𝗮 𝗥𝗲𝘀𝘁𝗿𝗮𝗶𝗻 𝗼𝘃𝗲𝗿 𝗙𝗼𝗿𝗲𝘀𝘁 𝗔𝗿𝗲𝗮 𝗥𝗲𝗹𝗲𝗮𝘀𝗲 𝗟𝗶𝗰𝗲𝗻𝘀𝗲 𝗝𝗮𝗸𝗮𝗿𝘁𝗮, 𝟮𝟬𝟮𝟰. Our firm, representing a palm oil plantation company, has successfully won its claim to invalidate a restrain by the Defendant, namely, the Minister of Environment and Forestry over its forest area release license on an appeal stage. The main claim by the Claimant, our client, is that the Defendant has violated the laws and regulations and the good governance principles e.g., legal certainty and prudent principles. The Claimant argued in one of its arguments that the Defendant was not authorized to issue such restrain over the Claimant’s forest area release license. After the forest area had been released, the authority vests to the local government, Minister of Agrarian and Spatial Planning, and the Minister of Agriculture, since the main business of the Claimant is on plantation. The first stage court has however declined the Claimant’s claim by considering that the Defendant has complied with the prevailing laws and regulations and no good governance principles have been violated. On an appeal level, the high judges agreed with the Claimant and considered that the Defendant was no longer authorized to do any action in relation to the released forest area. Further, the high judges argued, since no authority, the previously-issued restrain license by the Defendant should be invalidated and considered as having never been issued. This appeal decision is currently being applied for cassation. Aspired to resolve disputes, Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw, and Benchmark Litigation.   If you have any queries, you may contact us through [email protected], visit our website www.lekslawyer.com or visit our blog.lekslaywer.com, real estate law blogs i.e., www.hukumproperti.com and indonesiarealestatelaw.com #leksnco #aspiredtoresolvedisputes #LeksCoWins #ForestAreaRelease #LegalVictory #GoodGovernance #PalmOilPlantation #EnvironmentalLaw #LandRights #CassationAppeal #JudicialProcess #RegulatoryCompliance

Navigate the legal landscape of environmental conservation with confidence. Our team of legal experts is here to help you understand and comply with environmental regulations while advocating for positive change. You can easily visit our website through the link on our Bio, or Contact us if you have any questions. #law #lawassociations #legal #lawyers #litigation #attorney #lawfirm #legalterm #sheriatanzania #court #mahakamani #lawyer #lawquotes #attorney #lawyers #justice #judiciary #legalservices #ijuesheria #sheria #fahamusheria #lagelbusiness #wakili##mwanasheria #advocates

𝗪𝗔𝗧𝗘𝗥: The Klamath River Basin and the Endangered Species Act, the future of water quality in the West, legal ethics and state water boards are among the issues on the agenda for the conference. #HighPlainsJournal #HPJ #water #conference

Join us for our one-day legal training course for ecological consultants and developers 🙌 This detailed legal course is for ecological consultants & developers who have some experience of European Protected Species (EPS) licensing. It provides a detailed explanation of the EPS legal framework & how to work with the framework to get the best results for your development projects. Register your interest below! 👇 https://lnkd.in/ebCvNhSS #EnvironmentalLaw #Training #EuropeanProtectedSpecies

🎥 Introducing Zaneta Sedilekova, one of the co-founders of (re)purpose law! Zaneta is: 👍 a qualified corporate lawyer specialising in climate and biodiversity risk; 👍 a director of a consultancy business, where she helps think thanks, NGOs and governments develop their climate and biodiversity strategies; 👍 a life enthusiast - she likes learning about life of human cultures, both past and present, as well as life in nature (both on land and, as a scuba-diver, under water). ❓Would you like to join Zaneta for the first cohort of (re)purpose law in January 2024❓ Then check out our website and sign up - the link is in the comments👇 #climatechange #biodiversityloss #lawyers #law #legalprofession #legal #repurposelaw

Local Government Lawyer has published its inaugural 'Place' newsletter, a new monthly bulletin covering legal developments in Planning, Property, Regeneration and Environmental law as they affect local authorities: https://lnkd.in/eAMYSxMc Articles in the first issue include: How can local authorities deliver biodiversity net gain on land they own? Chrisa Tsompani and Stephanie Hall of Davitt Jones Bould explain. Untying the knot: Matthew White of St John's Chambers assesses the likely impact of a Supreme Court ruling in a Japanese knotweed case involving a Welsh council. The future of Local Enterprise Partnerships: The transition of functions, obligations and liabilities of LEPs has not been smooth and there are a number of issues which remain outstanding. Tiffany Cloynes, Rebecca Gilbert and Chantal Davison of Capsticks consider the present position and how some of those issues may be resolved. Enforcement notices and the Murfitt principle: Roderick Morton of Ivy Legal analyses a Court of Appeal ruling on whether a planning inspector who determined an appeal against an enforcement notice, misapplied the principle in Murfitt. Play by the Rules: James Mallery-Nelson of Sharpe Pritchard examines the application of the Crichel Down Rules where public bodies decide to dispose of land acquired by compulsion. Plus plenty more analysis, news, jobs and events. Do check it out. If you or colleagues would like to contribute to upcoming issues, please message me.