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Air

Indiana v. Environmental Protection Agency

The Seventh Circuit upheld EPA's approval of revisions to Illinois' SIP, thereby rejecting...

Oklahoma v. McCarthy

A district court held that it lacks jurisdiction over Oklahoma's lawsuit against EPA challenging...

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

Shearwater v. Ashe

A district court held that FWS violated NEPA when it issued a rule increasing from 5 years to 30...

Solonex, LLC v. Jewell

A district court held that DOI has unreasonably delayed agency action in the agency's review of...

Governance

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

A California court held that revised "curtailment letters" that the state water board sent to...

Chinatown Neighborhood Ass'n v. Harris

The Ninth Circuit upheld California's "shark fin law", which bans the possession, sale, 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

Gunpowder Riverkeeper v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied an environmental group's petition for review challenging FERC's decision...

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...

Toxic Substances

In re Pesticide Action Network North America

The Ninth Circuit ordered EPA to respond to an administrative petition filed nearly nine years...

Methyl Tertiary Butyl Ether

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

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

Ohio Valley Environmental Coalition v. Fola Coal Co., LLC

A district court held that a mining company violated state and federal permits when it...

Center for Biological Diversity v. California Dep't of Conservation

A California court denied an environmental group's motion to preliminarily enjoin emergency...

Wildlife

People for the Ethical Treatment of Animals v. United States Department of Agriculture

The D.C. Circuit held that USDA's failure to apply general animal welfare standards to birds...

Klamath-Siskiyou Wildlands Center v. MacWhorter

The Ninth Circuit reversed a lower court decision dismissing an environmental group's ESA...