Air
Sierra Club v. Zinke
A district court held that BLM violated the APA when it postponed compliance with Obama-era...
The CAA Motor Vehicle Inspection and Maintenance Program: Is It Cost Effective?
Under the Clean Air Act, state-run vehicle inspection and maintenance (I/M) programs aim at...
Climate Change
Legal Pathways to Carbon-Neutral Agriculture
This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways...
Proposal for a Multilateral Border Carbon Adjustment Scheme That Is Consistent With WTO Law
As the world considers how to respond to the Trump Administration’s decision to withdraw...
Energy
Standing Rock Sioux Tribe v. Dakota Access
A district court held that the Dakota Access pipeline can continue to operate while the Army...
United States v. Moss
The Fifth Circuit affirmed a district court ruling that Outer Continental Shelf Lands Act (OCSLA...
Governance
A “Cost-Benefit State”? Reports of Its Birth Have Been Greatly Exaggerated
In a spate of recent cases (Michigan v. EPA, EME Homer City v. EPA, and...
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...
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
Sierra Club v. U.S. Department of Energy
The D.C. Circuit denied a environmental group's petition to review a FERC decision allowing the...
Montana Environmental Information Center v. U.S. Office of Surface Mining
A district court halted the expansion of a Montana coal mine approved by the Surface Mining...
Toxic Substances
FIFRA at 40: The Need for Felonies for Pesticide Crimes
In 1996, Congress abandoned a seven-year effort by consecutive Republican and Democratic...
Cincinnati Insurance Co. v. Roy's Plumbing, Inc.
The Second Circuit, in a summary order, affirmed a lower court decision that an insurance...
Waste
Gadsden Indus. Park, LLC v. United States
A district court held an Alabama industrial park owner can't pursue claims against the federal...
FMC Corp. v. Shosone-Bannock Tribes
A district court held that a tribal appellate court had the authority to impose permit fees on...
Water
Seneca Resources Corp. v. Highland Township
A district court held that a township's Home Rule Charter prohibiting deposition of any waste...
The State of Compensatory Mitigation
Compensatory mitigation has been a rapidly growing industry among states, nonprofits, and the...
Wildlife
American Wild Horse Preservation Campaign v. USDA
The D.C. Circuit held that the USDA's decision to alter territorial lines of the Devil's Garden...
Animal Legal Defense Fund v. USDA
The D.C. Circuit held that the USDA did not violate the Animal Welfare Act (AWA) when it renewed...
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