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Update on Negotiation of a New International Environmental Agreement

International environmental law (IEL) has developed widely since the first global meeting in Stockholm in 1972. Accounts estimate that there are more than 500 multilateral environmental treaties (MEAs). However, the predicted future shows that current global environmental policy efforts are undeniably insufficient. IEL’s prevailing anthropocentric ethic has directly contributed to the crisis, suppressing the symptoms rather than treating them.

A Framework for Community-Based Action on Air Quality

Over the past 50 years, tremendous progress has been made in reducing air pollution under the Clean Air Act. Nevertheless, while air quality has improved greatly for much of the nation, there are still places where the goal of attaining national standards has still not been reached. This is often true in urban locations that are affected by multiple pollution sources; typically, these areas are also environmental justice communities. Recent events have called attention to the urgent need for concrete action to address the many problems of these communities.

Breaking Precedent: SCOTUS in the Midst of a Pandemic

In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct discharge.” The Court also decided Atlantic Richfield Co. v. Christian, holding, 7-2, that landowners adjacent to a Superfund site were potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act.

Nanouk v. United States

The Ninth Circuit vacated dismissal of a Federal Tort Claims Act (FTCA) lawsuit brought against the U.S. government concerning pollution from an abandoned military facility in Alaska. A resident argued that her property was contaminated by hazardous chemicals negligently released from the facility, ...

New York v. National Highway Traffic Safety Administration

The Second Circuit vacated a final rule published by the National Highway Traffic Safety Administration (NHTSA) that reversed the agency's 2016 civil penalty increase for noncompliance with Corporate Average Fuel Economy (CAFE) standards. States and environmental groups argued NHTSA erroneously conc...

Kansas Natural Resource Coalition v. United States Department of Interior

The Tenth Circuit affirmed dismissal of a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group had argued that FWS unreasonably delayed submitting to Congress a 2003 policy concerning conservation efforts when making listing decisions under the...

Avandgrid Networks, Inc. v. Secretary of State

The Maine Supreme Court held unconstitutional a state ballot initiative that proposed to reverse a Maine Public Utilities Commission order granting a certificate of public convenience and necessity for a 145-mile transmission line in New England. A power company argued the initiative violated the Ma...

Driftless Area Land Conservancy v. Huebsch

The Seventh Circuit reversed the denial of transmission companies' motion to intervene in a lawsuit challenging the Wisconsin Public Service Commission's approval of a $500 million electricity transmission line in southwestern Wisconsin. Environmental groups challenged the approval on constitutional...

Howard County v. Federal Aviation Administration

The Fourth Circuit dismissed a petition to vacate or set aside the FAA's modification to a series of flight routes that caused residents of historic areas of a county in Maryland to endure "insufferable levels of noise." The county argued that the FAA failed to comply with environmental statutes and...