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Air

Delta Construction Co. v. Environmental Protection Agency

The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety...

Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency

The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory...

Climate Change

Addressing Affordability and Long-Term Resiliency Through the National Flood Insurance Program

Given projections of sea-level rise and extreme precipitation from climate change, the United...

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

It usually takes at least three to start a trend, but two recent appellate-level decisions...

Energy

Shell Offshore, Inc. v. Greenpeace, Inc.

A district court granted an oil company's motion for a temporary restraining order barring...

Beardslee v. Inflection Energy, LLC

New York's highest court refused to extend hydraulic fracturing leases entered into between...

Governance

California Building Industry Ass'n v. State Water Resources Control Board

A California appellate court held that the state's water resources board did not violate state...

Bernard v. Grefer

A district court held that individuals who were not party to a 2008 settlement agreement between...

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

Grand Canyon Trust v. Williams

A district court upheld a U.S. Forest Service decision allowing a uranium mine to renew...

Administering the National Environmental Policy Act

In practice, the Council for Environmental Quality (CEQ) has been treated as the “administering...

Toxic Substances

Town of Westport v. Monsanto Co.

A district court dismissed a town's Massachusetts Oil and Hazardous Material Release Prevention...

Rodriguez v. Secretary of Pennsylvania Department of Environment

The Third Circuit upheld a lower court...

Waste

Northern States Power Co. v. City of Ashland

A district court held that a power company may seek contribution for some of the cleanup costs...

Ameripride Services, Inc. v. Texas Eastern Overseas, Inc.

The Ninth Circuit held that in allocating liability to a nonsettling defendant in a CERCLA...

Water

Maryland Dep't of the Environment v. Anacostia Riverkeeper

A Maryland appellate court affirmed a lower court decision remanding a stormwater management...

Wildlife

Klamath-Siskiyou Wildlands Center v. National Oceanic & Atmospheric Administration

A district court held that FWS and the National Marine Fisheries Service (NMFS) violated the ESA...

Conservation Council for Hawaii v. National Marine Fisheries Service

A district court held that the National Marine Fisheries Service (NMFS) violated the Marine...