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Air

Here Be Dragons: Legal Threats to EPA’s Proposed Existing Source Performance Standards for Electric Generating Units

A 104-page “Legal Memorandum” accompanying EPA’s proposal of §111(d) Existing Source Performance...

United States v. Oklahoma Gas & Electric Co.

A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that...

Climate Change

Beyond the CDM: Regulating China’s Domestic Offset Scheme

Success in China moving from participation in the Clean Development Mechanism to a national...

A Response to the IPCC Fifth Assessment

The Intergovernmental Panel on Climate Change’s (IPCC) Fifth Assessment Report presented...

Energy

RENEW Wisconsin v. Public Service Comm'n of Wisconsin

A Wisconsin court remanded to the state utility commission two components of a 2013 order...

Harrison v. Cabot Oil & Gas Corp.

The Pennsylvania Supreme Court held that oil and gas leases need not be extended where the...

Governance

Environmental Justice: Legal Theory and Practice

This Article is adapted from Barry E. Hill, Environmental Justice: Legal Theory and Practice...

Next Generation Compliance

This Article is adapted from Chapter One of Next Generation Environmental Compliance 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

Defenders of Wildlife v. Jewell

A district court held that environmental groups may go forward with their ESA lawsuit...

Kentucky Coal Ass'n v. Tennessee Valley Authority

A district court held that TVA did not violate NEPA when it decided to replace two coal-fired...

Toxic Substances

The Minamata Convention on Mercury and the Future of Multilateral Environmental Agreements

The 2013 Minamata Convention on Mercury is a wide-ranging treaty posed to address the serious...

Trumpeter Swan Society v. Environmental Protection Agency

The D.C. Circuit upheld EPA's denial of a petition filed by 101 environmental groups asking the...

Waste

Environmental Processing Systems, L.C. v. FPL Farming, Ltd.

The Texas Supreme Court reinstated a jury verdict in favor of a waste disposal facility in a...

Decker Manufacturing Corp. v. Travelers Indemnity Co.

A district court held that an insurance company must defend and indemnify a manufacturing...

Water

Key Issues in Setting Water Quality Standards

When setting water quality standards (WQS) for surface water, every state in the nation is faced...

Board of Commissioners of the Southeast Louisiana Flood Protection Authority v. Tennessee Gas Pipeline Co.

A district court dismissed a flood protection board's lawsuit against 88 oil and gas companies...

Wildlife

Alliance for the Wild Rockies v. Brazell

The Ninth Circuit upheld a lower court decision affirming the U.S. Forest Service's...

San Luis & Delta-Mendota Water Authority v. Locke

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') biological opinion...