Mining Company Liable for Unlawful Discharge of Ionic Pollution Into W. Va. Streams
A district court held that a mining company violated state and federal permits when it discharged high levels of ionic pollution. Environmental groups successfully demonstrated that high conductivity discharges from two of the company's mines are causing or materially contributing to the biological impairment of two streams. But the court sided with the coal company concerning discharges from a third mine because the group's evidence failed to isolate the effects of the discharges from that mine.
FWS 30-Year Eagle Take Permit for Wind Projects Remanded
A district court held that FWS violated NEPA when it issued a rule increasing from 5 years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and golden eagles. FWS issued the rule in hopes of promoting renewable energy projects. But when it issued the rule, it chose not to prepare an EA or EIS. Instead, it relied on a two-part categorical exclusion to avoid NEPA review, claiming that the rule was "administrative" in nature and that the rule's environmental effects were "too broad, speculative, or conjectural" to lend themselves to meaningful analysis. But FWS' reliance on the exclusion was unreasonable.
This month, ELR is pleased to present the Environmental Law and Policy Annual Review (ELPAR), published in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best environmental law and policy-relevant ideas from the legal academic literature each year. The publication is designed to fill the same important niche as ELR by helping to bridge the gap between academic scholarship and environmental policymaking. Also included in is an article on trends in environmental legal scholarship, which is based on the data collected through the ELPAR review process.