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Air

Natural Resources Defense Council v. U.S. Department of Transportation

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned...

EPA’s Fine Particulate Air Pollution Control Program

This Article discusses the U.S. Environmental Protection Agency’s program to control fine...

Climate Change

Sierra Club v. County of San Diego

A California appellate court held that San Diego County's adoption of a climate action plan...

Pike Balancing: Vulnerabilities of State Greenhouse Gas Regulations and Possible Solutions

The dormant Commerce Clause prohibits state-level regulations that improperly discriminate...

Energy

Shell Gulf of Mexico, Inc. v. Center for Biological Diversity

The Ninth Circuit dismissed an oil company's Declaratory Judgment Act lawsuit against several...

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning...

Governance

State v. Wahkiakum County

A Washington state appellate court held that a county ordinance banning the land application of...

Alaska v. United States Department of Agriculture

The D.C. Circuit held that Alaska's lawsuit challenging the U.S. Forest Service's roadless rule...

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

San Luis & Delta-Mendota Water Authority v. Jewell

A district court granted summary judgment in favor of the U.S. Bureau of Reclamation on all but...

Yount v. Salazar

A district court upheld DOI's decision to withdraw more than one million acres of federal land...

Toxic Substances

National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard...

A Decade of Natural Resource Damage Liability: Key Federal Decisions 2004-2014

The past 30 years have seen a slow appearance and evolution of natural resource damage (NRD)...

Waste

Tamosaitis v. URS Inc.

The Ninth Circuit reversed a lower court's grant of summary judgment in favor of an energy...

Tronox, Inc. v. Anadarko Petroleum Co.

A district court approved a $5.15 billion settlement agreement--the largest such recovery in...

Water

Ohio Valley Environmental Coalition, Inc. v. Fola Coal Co., LLC

A district court held that an environmental group may seek injunctive relief and civil penalties...

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Pollutant” Element of the Federal Water Pollution Offense

This Article, the second in a series of five, examines the meaning of “pollutant” under the...

Wildlife

People for the Ethical Treatment of Property Owners v. United States Fish & Wildlife Service

A district court held that the federal government may not regulate the take of the Utah prairie...

Swan View Coalition v. Weber

A district court granted in part and denied in part motions for summary judgment in a case...