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Air

Energy Future Coalition v. Environmental Protection Agency

The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "...

Oklahoma v. McCarthy

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should...

Climate Change

Public Utility and the Low-Carbon Future

Substantial reductions in global power sector emissions will be needed by midcentury to avoid...

Foster v. Washington Department of Ecology

A Washington court ordered the state's environmental agency to reconsider its denial of youths'...

Energy

Reflections on A Market Approach to Regulating the Energy Revolution

As a practitioner who has represented low-income individuals and community groups pro bono on...

Bond What You Know and Insure What You Don’t: A Comment on A Market Approach to Regulating the Energy Revolution

It is a privilege to comment on the extensive and thoughtprovoking work of Professors Dana and...

Governance

Prosecutorial Discretion and Environmental Crime

The environmental laws create a complex regulatory system affecting a wide range of economic...

Mapping, Modeling, and the Fragmentation of Environmental Law

Over the past four decades, increased data availability, new software systems, and exponentially...

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

NEPA and Climate Change: Practitioners Should Take Note of CEQ’s New Guidance

The White House Council on Environmental Quality (CEQ) has again offered for public comment...

Openlands v. United States Department of Transportation

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD...

Toxic Substances

Methyl Tertiary Butyl Ether

A district court dismissed Pennsylvania's public nuisance, trespass, and Pennsylvania Unfair...

El Comité Para el Bienestar de Earlimart v. U.S. Environmental Protection Agency

The Ninth Circuit denied community groups' petition for review challenging EPA's approval of...

Waste

A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability

Courts have grappled with the scope of CERCLA arranger liability ever since the U.S. Supreme...

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is...

Water

West Side Irrigation District v. California State Water Resources Control Board

A California court issued a temporary restraining order preventing the state water board from...

American Farm Bureau Federation v. United States Environmental Protection Agency

The Third Circuit upheld EPA's TMDL plan for the Chesapeake Bay against challenges from farmer...

Wildlife

Building Industry Ass'n of the Bay Area v. United States Department of Commerce

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') designation of critical...

Alaska Eskimo Whaling Comm'n v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part a petition challenging an NPDES permit...