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Air

EPA’s New Ground-Level Ozone Standard

On October 1, 2015, after years of delay punctuated by litigation and political maneuvering, the...

Northwest Environmental Defense Center v. Cascade Kelly Holdings LLC

A district court dismissed environmental groups' CAA citizen suit against a crude oil...

Climate Change

Saving Sustainability

This Article is adapted from Chapter Fourteen of...

Energy

Federal Energy Regulatory Commission v. Electric Power Supply Ass'n

The U.S. Supreme Court upheld FERC's "demand-response" rule under which operators of wholesale...

Brockway Borough Municipal Authority v. Department of Environmental Protection

A Pennsylvania court upheld an environmental hearing board order dismissing a municipal...

Governance

Regions Bank v. BP P.L.C.

The Supreme Court of Alabama reversed and remanded a lower court decision dismissing a coastal...

Western Watersheds Project v. Michael

A district court held that environmental and animal rights groups may challenge 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

Schoene v. McElroy Coal Co.

A district court denied mining companies' motion for summary judgment seeking to dismiss...

WildEarth Guardians v. Office of Surface Mining

A district court held that OSM violated NEPA when it approved a mining plan amendment that would...

Toxic Substances

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to...

Kirk v. Schaeffler Group USA, Inc.

A district court held that an individual may go forward with her toxic tort claims against the...

Waste

Tronox, Inc. v. Anadarko Petroleum Corp.

A district court held that a 2014 settlement agreement between a spin-off company, the U.S....

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state law claims against the former...

Water

Ouachita Riverkeeper, Inc. v. U.S. Environmental Protection Agency

A district court held that environmental groups lacked standing to challenge EPA's decision not...

Black Warrior Riverkeeper v. Alabama Department of Transportation

A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against...

Wildlife

Friends of Animals v. Clay

The Second Circuit upheld a "depredation permit" FWS issued to the Port Authority of New York...

Emerging Regulatory Experiments in Permit Process Coordination for Endangered Species and Aquatic Resources in California

Many practitioners and scholars view enhanced permit coordination as beneficial due to purported...