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Rethinking the Function of Financial Assurance for End-of-Life Obligations
This Article develops a new normative account of the function of financial assurance requirements (FARs) for end-of-life obligations in the energy sector. These obligations cover restoration of the site to its original condition or to a level that could accommodate another productive use once the energy project ends. FARs necessitate that operators evidence ability to pay for this.
Climate Refugees in the Pacific
It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the Pacific Island nations. Scientists predict that climate change will cause the forced displacement of people; desertification; protracted destructive wildfires; sea-level rise; ocean acidification; extreme weather events; and severe drought, which then impacts the supply of food.
National Ass'n of Wheat Growers v. Becerra
A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech under...
Alford v. United States
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching. Landowners argued that raising the water level of the lake, which subseq...
People for the Ethical Treatment of Animals, Inc. v. Stein
A district court ruled unconstitutional provisions of a North Carolina statute that restricted undercover investigations of facilities and farms where animal testing or processing takes place. Nonprofit groups argued that provisions of the statute violated the First Amendment because they failed the...
Friends of Alaska National Wildlife Refuges v. Bernhardt
A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups argued that the agreement, which DOI acknowledged represented a change in the agency's policy, failed to provi...
Oakland Bulk & Oversized Terminal, LLC v. Oakland, City of
The Ninth Circuit upheld a district court ruling that Oakland, California breached its contract with a company to develop a commercial rail-to-ship terminal on a former U.S. Army base near the San Francisco Bay. The company argued that Oakland breached the contract by barring coal operations at the ...
Waid v. Earley
The Sixth Circuit affirmed a district court ruling that denied city and state officials' motions to dismiss residents' bodily integrity claim stemming from the water contamination crisis in Flint, Michigan. City officials argued they were entitled to qualified immunity because they acted on professi...