Our blog post today will explain what the Right to Farm Act is in RI and how it may be useful in land zoning disputes related to farming activities. For example, we will be discussing an upcoming North Smithfield Zoning Board hearing. The Upcoming Zoning Board Issue Frank Jacques operates a composting business at his Buxton Hollow Farm in North…
June 8-12 is World Ocean Week! Our blog post today will focus on one current topic in the world of oceans, through the lens of a few environmental acts currently in the news. On June 5, 2020, the President announced that he will be reopening the Northeast Canyons and Seamounts Marine National Monument to commercial fishing. Below we will explain…
June began with a revision to the Clean Water Act (CWA)’s environmental rules and regulations. Today, we’ll explain what that section of the law does, and what the changes mean for state and tribal government review of federal projects moving forward. Section 401 Certification Starting in April of 2019, the current administration started a process to review Section 401 of…
In a case seeking to settle law related to land use and zoning laws and land use policy in Rhode Island, the state Supreme Court recently heard oral arguments for two consolidated cases brought to it by appeal. Town of Exeter v. State of Rhode Island et al. No. 2018-274-Appeal.; Town of Richmond, Rhode Island v. State of Rhode Island et…
Recently, the Rhode Island Supreme Court issued its decision in Clark v. Buttonwoods Beach Association (No. 2018-17-Appeal). In this case, the plaintiffs alleged that they owned a beachfront piece of land directly across from their residential lot on Promenade Avenue in Warwick. The plaintiffs also alleged that they purchased their residential lot because the purchase and sale included the beachfront…
A colleague pointed out this new U.S. Supreme Court decision. Hot off the presses, this decision is for a case related to environmental protection laws. Specifically, the federal Comprehensive Environmental Response, Compensation, and Liability and Act, also known as CERCLA or Superfund. To understand the decision, this blog post will discuss CERCLA, a summary of the case and the holding,…
On March 27, the Bureau of Indian Affairs (BIA) informed the Mashpee Wampanoag Tribe that it was disestablishing the Tribe’s reservation. The BIA, which falls under the Department of the Interior, assists tribes with natural resources and land use for trust land under the IRA, among other things. The disestablishment removed the tribe’s land from federal trust. As a result,…
As the number of cases of COVID-19 grows around the country, the New York City metro area, and New York generally, has experienced some of the highest rates of infection. This has resulted in many people from the area leaving to take shelter in their second homes. Many of those homes are in Rhode Island. In particular, coastal municipalities such…
In today’s time of crisis, many have started discussing the place of environmental law in responding to COVID-19. Some have argued that environmental law has no place in virus responses, and some have argued it must occur contemporaneously. Whatever your opinion is, it seems that environmental law and COVID-19 are somehow intrinsically connected. Contributors to Scientific American and The Hill…
While the infection rates continue to climb, it is increasingly important to talk about the various impacts COVID-19 will inevitably have on people and businesses in Rhode Island. This includes potential future contract litigation. Since our last post, Rhode Island has been further impacted by federal and state decisions, detailed below. Federal Updates Congress passed the Families First Coronavirus Response…