Latebreaking
New Cases
ELR Articles
Featured Article
First Circuit Affirms Summary Judgment for U.S. Government in Suit Concerning Plan to Construct Offshore Wind Energy Facility Off Martha's Vineyard
The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard.
District Court Vacates 2020 APHIS Rule Concerning Regulation of Genetically Engineered Organisms
A district court granted in part nonprofit and public interest groups' motion for summary judgment in a challenge to the Animal and Plant Health Inspection Service's (APHIS') 2020 rule concerning regulation of genetically engineered organisms.
In This Month's Issue . . .
The December issue of ELR—The Environmental Law Reporter features articles on the national security threat that climate change poses and the need for military facility modernization; the roles of judicial commissions and special masters in protecting the right to environment; and lawmakers' intent for the experience national scenic trails should provide when they passed the National Scenic Trails Act. The issue also includes a transcript from a recent webinar on the implementation of tribal consultation laws in California.
“Along” the National Scenic Trails: A Case Study of Statutory Interpretation
How to interpret the National Trails System Act in a post-Loper Bright world?
Air
In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil…
The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with…
Climate Change
The U.S. military has recognized climate change as a national security threat. Over the past three…
In May 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory…
Energy
The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan…
A district court on remand permanently enjoined the Public Utility Commission of Texas from…
Governance
A district court granted an electric transmission developer's motion for preliminary…
A district court granted in part nonprofit and public interest groups' motion for summary…
Land Use
This Comment looks at the background of national scenic trails and lawmakers’ intent for the…
In a divided opinion, a D.C. Circuit panel vacated FAA's and the National Park Service's…
Natural Resources
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a…
In an unpublished opinion, the Ninth Circuit affirmed dismissal of a challenge to the Forest…
Toxic Substances
A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental…
In an unpublished opinion, the Sixth Circuit affirmed a district court's order remanding to…
Waste
Plastic pollution is emerging as a defining crisis of our time. The United States has set a…
The D.C. Circuit denied environmental groups' petitions to review NRC's denial of their…
Water
A district court granted summary judgment for an environmental group in a lawsuit alleging that an…
A district court vacated the Army Corps of Engineers' permit approvals under the CWA and the…
Wildlife
A district court granted the Maine Department of Marine Resources' motion to dismiss a…
A district court granted summary judgment for environmental groups in a challenge to Wildlife…