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Air

Dedicated ELR Issue on the Proposed Clean Power Plan: Introduction

On June 18, 2014, EPA officially proposed the Clean Power Plan—a rule that aims to reduce CO2...

Historical Perspectives on §111(d) of the Clean Air Act

Looking at the history of the Clean Air Act provides some guidance on what Congress intended...

Climate Change

Apples and Oranges: Assessing the Stringency of EPA’s Clean Power Plan

An accurate assessment of the stringency of state emission goals under EPA’s proposed Clean...

Energy

Shell Gulf of Mexico, Inc. v. Center for Biological Diversity

The Ninth Circuit dismissed an oil company's Declaratory Judgment Act lawsuit against several...

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning...

Governance

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court denied an oil company's motion to amend the findings, alter the judgment, or...

Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection

A New Jersey appellate court held that the state environmental agency exceeded its authority...

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

San Luis & Delta-Mendota Water Authority v. Jewell

A district court granted summary judgment in favor of the U.S. Bureau of Reclamation on all but...

Yount v. Salazar

A district court upheld DOI's decision to withdraw more than one million acres of federal land...

Toxic Substances

National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard...

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)...

Waste

State v. Wahkiakum County

A Washington state appellate court held that a county ordinance banning the land application of...

Tamosaitis v. URS Inc.

The Ninth Circuit reversed a lower court's grant of summary judgment in favor of an energy...

Water

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

A district court held that an environmental group may seek injunctive relief and civil penalties...

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Pollutant” Element of the Federal Water Pollution Offense

This Article, the second in a series of five, examines the meaning of “pollutant” under the...

Wildlife

Humane Society of the United States v. Pritzker

A district court vacated and remanded the National Marine Fisheries Service's (NMFS') decision...

Alliance for the Wild Rockies v. United States Department of Agriculture

The Ninth Circuit dismissed an environmental group's ESA and NEPA claims against FWS, the...