Air
Mexichem Fluor, Inc. v. EPA
The D.C. Circuit held that EPA overstepped its authority under the CAA when it banned the use of...
Coalition for Competitive Electricity v. Zibelman
A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by...
Climate Change
Thoughts on Climate Exactions
This Comment looks at Montgomery County, Maryland, and its current policies to discuss the...
Climate Exactions: One Tool in a City’s Toolbox
This Comment explores climate exactions and the other ways cities already control the emissions...
Energy
Americans For Clean Energy v. EPA
The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic...
Legal Pathways for a Massive Increase in Utility-Scale Renewable Generating Capacity
Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore...
Governance
Optimizing OMB: Response to The President’s Budget as a Source of Agency Policy Control
Despite the budget’s existential tie to the administrative state and OMB’s central role in the...
Comment on The President’s Budget as a Source of Agency Policy Control
This Comment critiques the OMB reforms suggested by Prof. Eloise Pasachoff.
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
Farrell-Cooper Mining Co. v. DOI
The Tenth Circuit held that a coal mining company was entitled to judicial review of a DOI...
Caring for the Orphans: Approaches for Mitigating Fugitive Methane Emissions From Orphaned Oil and Gas Wells
Recent scientific research indicates fugitive methane emissions from abandoned oil and gas wells...
Toxic Substances
Cincinnati Insurance Co. v. Roy's Plumbing, Inc.
The Second Circuit, in a summary order, affirmed a lower court decision that an insurance...
NRDC v. EPA
The Ninth Circuit vacated EPA's conditional registration of a pesticide because the Agency...
Waste
Chevron Mining Inc. v. DOI
The Tenth Circuit held that a mining company has the right to recover cleanup costs at a...
Spokane, City of v. Monsanto Co.
A district court held that an agriculture company cannot pursue Superfund cost recovery against...
Water
Benoit v. Saint-Gobain Performance Plastics Corp.
A district court allowed suits against two manufacturing companies to go forward for groundwater...
Orange Cty. Water Dist. v. Sabic Innovative Plastics US, LLC
A California appellate court held that the Water District of Orange County may pursue state...
Wildlife
Science and Sleuthing: Improving CITES Enforcement Through Innovations in Wildlife Forensic Technology
In 1975, 80 countries entered into the Convention on International Trade in Endangered Species...
Hybridizing Law: A Policy for Hybridization Under the Endangered Species Act
For centuries, hybridization was a poorly understood process thought to be a threat to...
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