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District Court Grants Motion to Preliminarily Enjoin Biden Administration's Temporary Pause of Pending Decisions on LNG Exports
A district court granted 16 states' motion to preliminarily enjoin the Biden Administration's temporary pause of pending decisions on liquefied natural gas exports.
D.C. Circuit Vacates EPA Order Requiring Manufacturers to Test Chronic Toxicity of 1,1,2-Trichloroethane
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA.
In This Month's Issue . . .
The July issue of ELR features articles on net metering of rooftop solar; strengthening Superfund cleanups with land use institutional controls; and natural resource damages under CERCLA and OPA. The issue also includes a transcript from a recent webinar that discussed EPA's new particulate matter standard and how it will affect various environmental sectors.
Clearing the Air on SEPs
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act.
Air
The U.S. Supreme Court, 5-4, granted three states' and several industry groups'…
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing…
Climate Change
A district court adopted a magistrate judge's findings and recommendations to remand to state…
The Fifth Circuit dismissed for lack of standing four states' challenge to the Securities and…
Energy
The total electricity generated by rooftop solar has increased tenfold over the past decade, and…
A district court granted BLM's motion to dismiss tribes' and environmental groups'…
Governance
The U.S. Supreme Court, 6-3, held the APA requires courts to exercise independent judgment in…
The U.S. Supreme Court, 6-3, held the Seventh Amendment entitled an investment advisor to a jury…
Land Use
A district court denied summary judgment for environmental groups in a challenge to BLM's…
A district court granted in part and denied in part summary judgment for a conservation group in a…
Natural Resources
The Third Circuit affirmed denial of a preliminary injunction motion in a lawsuit concerning an…
A district court granted 16 states' motion to preliminarily enjoin the Biden Administration…
Toxic Substances
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the…
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for…
Waste
The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that…
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the…
Water
The U.S. Supreme Court, 5-4, denied two states' motion to enter into a consent decree in a…
A district court denied a commercial fisherman's motion to preliminarily enjoin the Army Corps…
Wildlife
A district court adopted in part, modified in part, and rejected in part a magistrate judge's…
In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a…