Court Dismisses NEPA Lawsuit Against U.S. Export-Import Bank
A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter. The groups failed to establish that any alteration in the Bank's decision to authorize the loan guarantee could or would affect the amount of coal the company exports.
NOAA-Fisheries released for public review and comment its draft Climate Science Strategy, which identifies seven key steps to improve the production and use of climate-related information to fulfill agency mandates and to increase the resilience of marine resources and resource-dependent sectors and communities.
Reimbursement for Biomass Energy Facility Limited to Costs Necessary to Produce Electricity
The Court of Federal Claims held that a company that funded construction of an open-loop biomass facility to provide steam for a chicken rendering plant's electricity needs is entitled to reimbursement costs under the American Recovery and Reinvestment Act (ARAR), but only for costs associated with the portion of the facility necessary to produce electricity. When read in conjunction with the applicable IRS guidance, ARAR §1603 only requires reimbursement for the portion of the cost that is fairly allocable to the production of electricity
The January 2015 issue of News & Analysis features articles on using NEPA to improve the federal permitting process, the Minamata Convention on Mercury and the future of multilateral environmental agreements, and Maryland's Environmental Policy Act. The issue also includes a collaborative piece by several leading environmental law professors in which they respond to the IPCC's Fifth Assessment, as well as articles on China’s New Environmental Protection Law and China's participation in the Clean Development Mechanism. The issue also presents a transcript to a recent ELI panel on the U.S. Supreme Court 2014 term.