Latebreaking
New Cases
ELR Articles
Featured Article
Montana Supreme Court Affirms Ruling Declaring MEPA Violated Youths' State Constitutional Right to "Clean and Healthful Environment"
The Montana Supreme Court affirmed a trial court ruling that declared the Montana Environmental Policy Act (MEPA) violated youths' state constitutional right to a "clean and healthful environment."
Fifth Circuit Grants EPA's Motion to Vacate Disapprovals of Portions of Regional Haze SIPs and Issuance of FIPs
The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states.
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
The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze…
A district court granted in part environmental groups' motion for summary judgment in a CAA…
Climate Change
As in many other countries, climate change is driving new and complex litigation throughout India.…
What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining…
Energy
President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy…
The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan…
Governance
As in many other countries, climate change is driving new and complex litigation throughout India.…
What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining…
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
The Fifth Circuit reversed in part a district court's dismissal of a lawsuit brought by…
A district court denied conservation groups' petition to review the Forest Service's…
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
This Comment illustrates, through a case study of the Delta smelt BiOp, the difficulties in making…
A district court granted the Maine Department of Marine Resources' motion to dismiss a…