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Air

U.S. Sugar Corp. v. Environmental Protection Agency

The D.C. Circuit, in a 162-page opinion, granted in part and denied in part petitions...

WildEarth Guardians v. Environmental Protection Agency

The D.C. Circuit upheld EPA's compliance deadlines for states to meet the NAAQS for fine...

Climate Change

Creating Legal Pathways to a Zero-Carbon Future

An essential part of the decarbonization challenge is proposing, analyzing, and comparing...

Putting a Carbon Charge on Federal Coal: Legal and Economic Issues

U.S. policy to limit greenhouse gas emissions is driven, in part, by the U.S. Environmental...

Energy

Petro Star Inc. v. Federal Energy Regulatory Comm'n

The D.C. Circuit granted a refining company's petition challenging FERC's methodology for...

Los Padres ForestWatch v. United States Bureau of Land Management

A district court held that BLM failed to take a "hard look" at the environmental impact of...

Governance

Tennessee Clean Water Network v. Tennessee Valley Authority

A district court held that environmental groups may go forward with some, but not all, of their...

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

Audubon Society of Portland v. United States Army Corps of Engineers

A district court upheld the U.S. Army Corps of Engineers' and FWS' management plan, EIS, and...

People v. Rinehart

The Supreme Court of California held that the state's moratorium on the use of suction dredges...

Toxic Substances

Pesticide Action Network North America v. U.S. Environmental Protection Agency

The Ninth Circuit denied EPA's request for an additional six months to take final action on its...

Toxic Substances Control Act Reform: What's Happening, and What's Next?

Betting on Toxic Substances Control Act (TSCA) reform before the 2016 presidential election is...

Waste

Goodeagle v. United States

The Court of Federal Claims, in a case involving several claims arising out of the alleged...

Avoiding the Contribution “Catch-22”: CERCLA Administrative Orders for Cleanup Are Civil Actions

Under CERCLA, nonsettling parties and EPA take the position that the statute of limitations for...

Water

Ohio Valley Environmental Coalition, Inc. v. McCarthy

A district court held that environmental groups have standing to sue EPA under the APA and CWA...

“Waters of the United States” and the Agricultural Production Sector: Sweeping Change or More of the Same?

EPA and the Corps’ promulgation of a new definition of “waters of the United States” under the...

Wildlife

New England Anti-Vivisection Society v. United States Fish & Wildlife Service

A district court held that animal rights groups lack standing to challenge FWS' decision to...

Wildearth Guardians v. U.S. Department of the Interior

A district court ordered FWS to reconsider its decision not to designate critical habitat for...