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Air

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for...

International Climate Action Without Congress: Does §115 of the Clean Air Act Provide Sufficient Authority?

The ongoing rancor in Congress over climate change makes it unlikely that the United States will...

Climate Change

High Country Conservation Advocates v. United States Forest Service

A district court vacated the government's approval of on-the-ground mining exploration...

The Path Not Yet Taken: Bilateral Trade Agreements to Promote Sustainable Biofuels Under the EU Renewable Energy Directive

In order for biofuels to count as renewable energy for transport under the European Union...

Energy

Ralls Corp. v. Committee on Foreign Investment in the United States

The D.C. Circuit held that an American corporation owned by Chinese nationals was deprived of...

SZ Enterprises v. Iowa Utilities Board

The Iowa Supreme Court held that a solar energy company is not a public utility under state law...

Governance

North Coast Rivers Alliance v. Westlands Water District

A California appellate court held that interim renewal contracts concerning BLM's ongoing...

Cordero v. Leahy

The Colorado Supreme Court upheld ballot initiatives that would expand local governments'...

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

Western Lands Project v. United States Department of Interior

A district court held that BLM complied with NEPA when it issued a programmatic EIS for utility-...

NO Gas Pipeline v. Federal Energy Regulatory Commission

The D.C. Circuit held that it lacks jurisdiction over petitions for review of a FERC order...

Toxic Substances

Being Small in a Supersized World: Tackling the Problem of Low-Level Exposures in Toxic Tort Actions

Low-level toxic tort claims are challenging traditional tort notions of injury and causation....

Reunion in Salem: Updating the MTBE Controversy

Concerned about groundwater contamination and the potential health effects of methyl tertiary...

Waste

CTS Corp. v. Environmental Protection Agency

The D.C. Circuit denied a petition for review challenging EPA's decision to add property...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain...

Water

Southern Appalachian Mountain Stewards v. A&G Coal Corp.

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for...

National Mining Ass'n v. McCarthy

The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination...

Wildlife

Michigan v. United States Army Corps of Engineers

The Seventh Circuit upheld the dismissal of a lawsuit brought by five states bordering the Great...

Aransas Project v. Shaw

The Fifth Circuit reversed a lower court...