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Air

U.S. Sugar Corp. v. Environmental Protection Agency

The D.C. Circuit, in a 162-page opinion, granted in part and denied in part petitions...

WildEarth Guardians v. Environmental Protection Agency

The D.C. Circuit upheld EPA's compliance deadlines for states to meet the NAAQS for fine...

Climate Change

Putting a Carbon Charge on Federal Coal: Legal and Economic Issues

U.S. policy to limit greenhouse gas emissions is driven, in part, by the U.S. Environmental...

Grandfathering Coal: Power Plant Regulation Under the Clean Air Act

In their book Struggling for Air: Power Plants and the “War on Coal,” Richard Revesz...

Energy

Zero Zone, Inc. v. United States Department of Energy

The Seventh Circuit denied petitions for review challenging two DOE rules aimed at improving the...

Union Neighbors v. Jewell

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the...

Governance

Chevron Corp. v. Donziger

The Second Circuit affirmed a district court...

Cost-Benefit Analysis as a Commitment Device

Cost-benefit analysis purports to calibrate regulation. But the way administrative agencies...

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

Idaho Conservation League v. Lannom

A district court held that the U.S. Forest Service violated NEPA, the Wilderness Act, and the...

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit...

Toxic Substances

Toxic Substances Control Act Reform: What's Happening, and What's Next?

Betting on Toxic Substances Control Act (TSCA) reform before the 2016 presidential election is...

PCS Phosphate Co. v. American Home Assurance Co.

A district court held that an insurer has no duty to defend or indemnify a company in two...

Waste

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be...

Elazar v. Macrietta Cleaners, Inc.

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop...

Water

Puget Soundkeeper Alliance v. United States Environmental Protection Agency

A district court ordered EPA to promulgate revised water quality standards for Washington state...

Mingo Logan v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and...

Wildlife

Glacier Fish Co. v. Pritzker

The Ninth Circuit held that NMFS may collect cost recovery fees for the Pacific groundfish...

Pacific Dawn LLC v. Pritzker

The Ninth Circuit upheld NMFS' 2013 quota regulations for Pacific whiting. NMFS calculated the...