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Air

Murray Energy Corp. v. McCarthy

A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against...

Sierra Club v. Energy Future Holdings Corp

A district court ordered an environmental group to pay $6.4 million in attorneys fees in a...

Climate Change

Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions

The dormant Commerce Clause prohibits state-level regulations that improperly discriminate...

Emerging Clarity on Climate Change Law: EPA Empowered and State Common Law Remedies Enabled

The emerging law of climate change is becoming clearer. The U.S. Supreme Court’s series of...

Energy

PPL EnergyPlus, LLC v. Solomon

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was...

Colorado Oil & Gas Ass'n v. City of Lafayette, Colorado

A Colorado court held that the Colorado Oil and Gas Conservation Act preempts a city's ban on...

Governance

Of Constitutions and Cultures: The British Right to Roam and American Property Law

In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the...

New York State Electric & Gas Co. v. FirstEnergy Corp.

The Second Circuit affirmed in part and remanded in part a lower court decision holding the...

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

Snyder v. Ohio Department of Natural Resources

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a...

High Country Conservation Advocates v. United States Forest Service

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of...

Toxic Substances

A Decade of Natural Resource Damage Liability: Key Federal Decisions 2004-2014

The past 30 years have seen a slow appearance and evolution of natural resource damage (NRD)...

In re Oil Spill by the Oil Rig “Deepwater Horizon”

A district court issued its findings of fact and conclusions of law regarding phase one of the...

Waste

United States v. Coeur d'Alenes Co.

The Ninth Circuit upheld a consent decree under CERCLA requiring a PRP to pay $350,000, plus...

Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a...

Water

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404...

Will the New Waters of the United States (WOTUS) Rule Float?

On April 21, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers...

Wildlife

Mc Allen Grace Brethren Church v. Salazar

The Fifth Circuit held that DOI's ban on owning bald eagle feathers under the Bald and Golden...

Markle Interests, LLC v. United States Fish & Wildlife Service

A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in...