Air
Natl. Parks Conserv. Assn. v. EPA
A district court denied EPA's request to amend a 2012 consent decree obligating the Agency to...
Sierra Club v. North Dakota
The Ninth Circuit upheld a 2014 EPA settlement that required the Agency to set a phased schedule...
Climate Change
Expanding the U.S. Electric Transmission and Distribution Grid to Meet Deep Decarbonization Goals
This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to...
Conservation Easements in a Changing Climate
Conservation easements are increasingly being used both for traditional conservation purposes...
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
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
United States v. Spatig
The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant'...
Lajim, LLC v. Gen . Electric Co.
A district court ruled that a manufacturing company will not be required to conduct further...
Water
Mays v. Flint, City of
The Sixth Circuit held that residents of Flint, Michigan, may pursue class claims against state...
Manitoba, Province of v. DOI
A district court held that the Bureau of Reclamation (Bureau) did not violate NEPA when it...
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...
