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First Circuit Reverses Ruling in Challenge to NMFS Rule Finalizing Emergency Rule Banning Vertical Buoy Lines in Lobster and Crab Fishing Off Massachusetts
The First Circuit reversed a district court ruling in a challenge to NMFS' 2024 rule finalizing a 2022 emergency rule that seasonally banned vertical buoy lines used in lobster and Jonah crab trap fishing from certain federal waters off Massachusetts to reduce risk of injury or death to the endangered North Atlantic right whale.
Second Circuit Affirms Summary Judgment for New York State DEC in Challenge to Enforcement of Regulations Prohibiting Harvest of American Glass Eels
The Second Circuit affirmed summary judgment for the New York State Department of Environmental Conservation (DEC) in a challenge to enforcement of regulations prohibiting the harvesting of American glass eels.
In the Latest Issue . . .
A preview of our January-February issue of ELR—The Environmental Law Reporter features articles on "energy communities", the climate capability of India's judiciary, strategic climate litigation, and the International Court of Justice's anticipated advisory opinion on climate change. More to come in February!
“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
Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also…
Little has been said on how the just transition to a decarbonized world relates to the human right…
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
Four myths are distorting the national debate over permit reform. First, it is misconceived as a…
Little has been said on how the just transition to a decarbonized world relates to the human right…
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
Four myths are distorting the national debate over permit reform. First, it is misconceived as a…
The Fifth Circuit affirmed a district court's denial of a motion to remand to state court a…
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
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
Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also…
A district court granted summary judgment for an environmental group in a lawsuit alleging that an…
Wildlife
The First Circuit reversed a district court ruling in a challenge to NMFS' 2024 rule…
A district court granted in part and denied in part summary judgment for an environmental group in…