Court Dismisses NEPA Lawsuit Against U.S. Export-Import Bank
A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter. The groups failed to establish that any alteration in the Bank's decision to authorize the loan guarantee could or would affect the amount of coal the company exports.
The president issued Executive Order No. 13689 establishing an Arctic Executive Steering Committee to provide guidance and to enhance coordination of federal policies on climate change in the Arctic region.
Court Dismisses EPA CAA Lawsuit Against Oklahoma Utility
A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that it failed to properly project whether modifications made to two coal-fired power plants would result in an increase in emissions. The Agency, in anticipation of bringing an enforcement action for a PSD permit violation, sought a declaratory judgment that the utility's "project notifications" were insufficient as projections of post-construction emissions. But Article III's case or controversy requirement bars use of the Declaratory Judgment Act for such anticipatory purposes.
The January 2015 issue of News & Analysis features articles on using NEPA to improve the federal permitting process, the Minamata Convention on Mercury and the future of multilateral environmental agreements, and Maryland's Environmental Policy Act. The issue also includes a collaborative piece by several leading environmental law professors in which they respond to the IPCC's Fifth Assessment, as well as articles on China’s New Environmental Protection Law and China's participation in the Clean Development Mechanism. The issue also presents a transcript to a recent ELI panel on the U.S. Supreme Court 2014 term.