The Ninth Circuit granted the Biden Administration's mandamus petition to dismiss an ongoing climate change lawsuit brought by 21 young people.

The First Circuit affirmed summary judgment for NMFS in a challenge to the Service's issuance of an incidental harassment authorization (IHA) for construction of a wind power project off the coast of Massachusetts.

The May issue of ELR features articles on supplemental environmental projects; implications of the U.S. Supreme Court's decision in Securities and Exchange Commission v. Jarkesy for environmental enforcement; shipping's fair shire of the climate mitigation burden; and extended producer responsibility for textiles. The issue also includes a transcript from a recent webinar that discussed new methane regulations adopted by the European Union and EPA as well as strategies other countries are employing to reduce emissions.

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act.