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Air

Sierra Club v. U.S. Environmental Protection Agency

The Ninth Circuit vacated and remanded EPA's decision to issue a PSD permit allowing a power...

Little v. Louisville Gas & Electric Co.

A district court held that a group of residents may go forward with their state tort law claims...

Climate Change

Emerging Clarity on Climate Change Law: EPA Empowered and State Common Law Remedies Enabled

The emerging law of climate change is becoming clearer. The U.S. Supreme Court’s series of...

High Country Conservation Advocates v. United States Forest Service

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

Energy

South Carolina Public Service Authority v. Federal Energy Regulatory Commission

The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric...

Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Comm'n

The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new...

Governance

Sierra Club v. Jewell

The D.C. Circuit held that environmental groups have standing to challenge DOI's decision to...

Negotiating EPA Penalties: EPA’s Penalty Policies and the 2013 Civil Monetary Penalty Inflation Adjustment Rule

On December 6, 2013, the U.S. Environmental Protection Agency (EPA) increased the statutory...

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

Enteck GRB LLC v. Stull Ranches, LLC

The Tenth Circuit held that an energy company may cross private property in order to develop new...

National Wildlife Federation v. Department of Environmental Quality

A Michigan appellate court upheld the state environmental agency's decision to grant a...

Toxic Substances

Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

The Second Circuit reversed a lower court decision that FDA was required to hold hearings to...

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....

Waste

Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a...

EPA’s 2013 All Appropriate Inquiries Rulemaking Raises Litigation and Administrative Law Risks

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) published a final rule...

Water

Ohio Valley Environmental Coalition, Inc. v. United States Environmental Protection Agency

A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a...

El Dorado Chemical Co. v. United States Environmental Protection Agency

The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality...

Wildlife

Mc Allen Grace Brethren Church v. Salazar

The Fifth Circuit held that DOI's ban on owning bald eagle feathers under the Bald and Golden...

Markle Interests, LLC v. United States Fish & Wildlife Service

A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in...