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Air

Natural Resources Defense Council v. U.S. Department of Transportation

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned...

EPA’s Fine Particulate Air Pollution Control Program

This Article discusses the U.S. Environmental Protection Agency’s program to control fine...

Climate Change

Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions

The dormant Commerce Clause prohibits state-level regulations that improperly discriminate...

Emerging Clarity on Climate Change Law: EPA Empowered and State Common Law Remedies Enabled

The emerging law of climate change is becoming clearer. The U.S. Supreme Court’s series of...

Energy

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning...

Sovereign Operating Co. v. City & County of Broomfield

A Colorado court held that a voter-approved local ban on hydraulic fracturing cannot apply...

Governance

Appalachian Mountain Advocates, Inc. v. West Virginia Department of Environmental Protection

A West Virginia court held that the state's environmental agency violated FOIA when it denied an...

Big Data and the Environment: A Survey of Initiatives and Observations Moving Forward

This Article provides a general introduction to what is commonly referred to as “big data,” and...

Land Use

Addressing the Environmental Impacts of Large Infrastructure Projects: Making "Mitigation" Matter

We are in the midst of an unprecedented governmentwide focus on infrastructure permitting and...

Growth-Induced Land Development Caused by Highway and Other Projects as an Indirect Effect Under NEPA

Growth-induced land development caused by highway and other projects must be considered as a...

Natural Resources

San Luis & Delta-Mendota Water Authority v. Jewell

A district court granted summary judgment in favor of the U.S. Bureau of Reclamation on all but...

Yount v. Salazar

A district court upheld DOI's decision to withdraw more than one million acres of federal land...

Toxic Substances

National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard...

A Decade of Natural Resource Damage Liability: Key Federal Decisions 2004-2014

The past 30 years have seen a slow appearance and evolution of natural resource damage (NRD)...

Waste

Next Millennium Realty LLC v. Adchem Corp.

A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA...

Florida Power Corp. v. First Energy Corp.

The Sixth Circuit held that a Florida utility's lawsuit to recover cleanup costs it has incurred...

Water

Ohio Valley Environmental Coalition, Inc. v. Fola Coal Co., LLC

A district court held that an environmental group may seek injunctive relief and civil penalties...

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Pollutant” Element of the Federal Water Pollution Offense

This Article, the second in a series of five, examines the meaning of “pollutant” under the...

Wildlife

Swan View Coalition v. Weber

A district court granted in part and denied in part motions for summary judgment in a case...

Defenders of Wildlife v. Jewell

A district court upheld FWS' withdrawal of a proposed rule that would have listed the dunes...