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Air

California Chamber of Commerce v. State Air Resources Board

A California Appeals Court upheld a state cap-and-trade regime against challenges from the state...

Arizona v. EPA

The Ninth Circuit upheld an EPA federal implementation plan (FIP) under the CAA that replaced...

Climate Change

Ocean Policy and the Trump Administration

Each presidential election brings the possibility of large-scale changes in environmental policy...

Projecting the Future: Ninth Circuit Upholds ESA Listing for Bearded Seals

In Alaska Oil & Gas Ass’n v. Pritzker the Ninth Circuit upheld a rule listing two...

Energy

Sierra Club v. Chesapeake Operating, LLC

A district court abstained from rendering a decision in a case concerning earthquakes allegedly...

Wayne Land and Mineral Group, LLC v. Delaware River Basin Comm'n

A district court upheld the Delaware River Basin Commission's fracking ban against a challenge...

Governance

Beyond Zero-Sum Environmentalism

Environmental law and environmental protection are often portrayed as requiring trade offs: “...

DOJ/ENRD Symposium on The Future of Environmental Law

On November 4, 2016, DOJ’s Environment and Natural Resources Division convened an extraordinary...

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

Blankenship v. Consolidated Coal Co.

The Fourth Circuit upheld a lower court ruling that a coal company isn't liable for claims by...

Planning for the Effects of Climate Change on Natural Resources

Climate change has important implications for the management and conservation of natural...

Toxic Substances

A Practitioner's Guide to the Toxic Substances Control Act: Part I

Editors' Summary: TSCA provides EPA with broad authority to address potential hazards posed...

National and Multinational Strategies for Radioactive Waste Disposal

Today, nuclear technology is used in a variety of applications, including energy, medicine,...

Waste

BRG Harrison Lofts Urban Renewal LLC v. GE

A district court allowed a CERCLA recovery claim to go forward in a case involving mercury...

105 Mt. Kisco Assoc. LLC v. Carozza

A district court held that a property owner could not sue for cost recovery under CERCLA in...

Water

Nolen Scott Ely v. Cabot Oil & Gas Corp.

A district court vacated a jury verdict and award of $4.2 million award in favor of two...

Sierra Club v. Virginia Electric and Power Co.

A district court ruled that a Virginia power plant is not liable for CWA penalties associated...

Wildlife

Western Exploration, LLC v. DOI

A district court ruled that DOI, BLM, and other agencies failed to comply with NEPA when they...

People for the Ethical Treatment of Property Owners v. FWS

The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take...