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Supreme Court Holds CWA Does Not Authorize EPA to Include "End-Result" Provisions in NPDES Permits
The U.S. Supreme Court held, 5-4, that the CWA does not authorize EPA to include "end-result" provisions in NPDES permits, in a lawsuit concerning the Agency's issuance of a renewal permit for the city of San Francisco that added two such requirements.
District Court Grants in Part, Denies in Part Summary Judgment for Environmental Group in Challenge to NMFS' Denial of Petition to Promulgate ESA §4(d) Regulations for 20 Coral Species
A district court granted in part and denied in part summary judgment for an environmental group in a challenge to NMFS' denial of the group's petition to promulgate ESA §4(d) regulations for 20 coral species.
In the Next Issue . . .
Preview two articles from the March-April issue of ELR—The Environmental Law Reporter: one on treating e-cigarettes as waste and the need to regulate "disposable" products; and a second on the federal government's approach toward the decommissioning of Alaska Native climate adaptation projects.
Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward
Authors propose several principles that should guide permitting reform, describe established programs that should serve as models, and identify future work that would promote an informed and constructive national debate.
Air
The Tenth Circuit denied environmental groups' petition to review an EPA rule that partially…
The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze…
Climate Change
This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that…
A district court granted EPA's and OMB's motion to dismiss a challenge brought by…
Energy
The D.C. Circuit denied a petition to review FERC's authorization of an owner's request…
President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy…
Governance
This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that…
Between January 2020 and March 2023, U.S. electronic cigarette sales grew 43%, from 15.6 million…
Land Use
A district court granted the Biden Administration's motion to dismiss a challenge to the…
This Comment looks at the background of national scenic trails and lawmakers’ intent for the…
Natural Resources
In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part a district court…
The Ninth Circuit reversed a district court's dismissal of a challenge to the U.S. Air Force…
Toxic Substances
The D.C. Circuit vacated certain requirements under an EPA rule concerning the assertion and…
A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental…
Waste
Between January 2020 and March 2023, U.S. electronic cigarette sales grew 43%, from 15.6 million…
Plastic pollution is emerging as a defining crisis of our time. The United States has set a…
Water
The U.S. Supreme Court held, 5-4, that the CWA does not authorize EPA to include "end-result…
Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also…
Wildlife
A district court vacated a 2022 instruction memorandum (IM) issued by BLM that outlined policies…
A district court granted in part and denied in part summary judgment for an environmental group in…