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Air

The Clean Power Plan and Statutory Interpretation: Is the "Building Block" Approach Permissible Under §111(d)?

In June 2014, EPA proposed an emission guideline for emissions of carbon dioxide (CO2) from...

Michigan v. Environmental Protection Agency

The U.S. Supreme Court, in a 5-to-4 vote, reversed and remanded EPA's rule limiting hazardous...

Climate Change

Reconciling International Investment Law and Climate Change Policy: Potential Liability for Climate Measures Under the Trans-Pacific Partnership

The pending Trans-Pacific Partnership (TPP) trade agreement has raised controversy, fueled by...

Resilience: The Food Policy Imperative for a Volatile Future

To sustain a growing population on a changing planet, food policies at all levels—community,...

Energy

The Renewable Fuel Program at an Inflection Point: Policy Implications of EPA's Proposed 2014-2016 Renewable Fuel Standard

In May 2015, EPA released its delayed revisions to the Renewable Fuel Standard (RFS) for 2014...

Defining Power Property Expectations

To date, most government efforts to promote distributed solar energy have involved incentivizing...

Governance

India's First Environmental Referendum: How Tribal People Protected the Environment

In an unprecedented event in 2013, a group of tribal villagers in the Indian state of Orissa (...

Ohio Valley Environmental Coalition v. McCarthy

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to...

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

NEPA and Climate Change: Practitioners Should Take Note of CEQ’s New Guidance

The White House Council on Environmental Quality (CEQ) has again offered for public comment...

Openlands v. United States Department of Transportation

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD...

Toxic Substances

El Comité Para el Bienestar de Earlimart v. U.S. Environmental Protection Agency

The Ninth Circuit denied community groups' petition for review challenging EPA's approval of...

The Price of Reform: Models for Financing a Toxic Substances Control Act 2.0

At the start of the 114th Congress, lawmakers from both parties in the House and the Senate have...

Waste

A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability

Courts have grappled with the scope of CERCLA arranger liability ever since the U.S. Supreme...

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is...

Water

Turner v. Georgia River Network

Georgia's highest court held that the state's 25-foot buffer zone for development projects along...

McClung v. Paul

The Eighth Circuit held that the U.S. Army Corps of Engineers did not abuse its discretion when...

Wildlife

Bear Valley Mutual Water Co. v. Jewell

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa...

Cottonwood Environmental Law Center v. United States Forest Service

The Ninth Circuit held that the U.S. Forest Service violated ESA §7 when it failed to reinitiate...