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Air

Legal Pathways to Deep Decarbonization: Postscript

With this Article, ELR News & Analysis concludes our year-long series of excerpts from Legal...

Sierra Club v. Wheeler

A district court granted in part an environmental group's request to compel EPA to produce...

Climate Change

Castles—and Roads—in the Sand: Do All Roads Lead to a “Taking”?

The law has been slow to acknowledge the unprecedented nature of sea-level rise. Unless and...

Financing at the Grid Edge

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways...

Energy

Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania

A Pennsylvania state court granted in part and denied in part an industry trade group's...

Kansas City Power & Light Co. v. Missouri Public Service Commission

A Missouri appellate court affirmed in part and reversed in part the Missouri Public Service...

Governance

Solenex LLC v. Jewell

A district court vacated DOI's cancellation of an oil company's oil and gas lease in Montana....

The Impact of Justice Kennedy and the Effect of His Retirement

Justice Anthony Kennedy’s retirement in July has the potential to significantly affect the field...

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

Western Watersheds Project v. Zinke

A district court preliminarily enjoined BLM from conducting oil and gas lease sales under the...

Bohmker v. Oregon

The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an...

Toxic Substances

League of United Latin American Citizens v. New York

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining...

Roundup Productions Liability Litigation

A district court denied an herbicide manufacturer's motion for summary judgment against claims...

Waste

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake...

Pakootas v. Teck Cominco Metals, Ltd.

The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped...

Water

Gulf Fishermens Association v. National Marine Fisheries Service

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore...

Fisheries Survival Fund v. Jewell

A district court denied commercial fishing groups' request to preliminarily enjoin development...

Wildlife

Center for Biological Diversity v. Ross

A district court granted environmental groups' request for discovery relevant to the lobster...

Wildearth Guardians v. United States Forest Service

A district court remanded the U.S. Forest Service's decision concerning the management of roads...