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Sierra Club v. Tennessee Valley Authority

A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitra...

Bear Warriors United, Inc. v. Hamilton

A district court denied the Florida Department of Environmental Protection's (FDEP's) motion to dismiss a lawsuit concerning its alleged failure to appropriately regulate sewage discharge into a northern part of the Indian River Lagoon. A nonprofit group argued FDEP's insufficient regulation led to ...

Food & Water Watch, Inc. v. United States Environmental Protection Agency

A district court held that fluoridation of water at 0.7 milligrams per liter (mg/L), the level presently considered “optimal” in the United States, posed an unreasonable risk of reduced IQ in children. Anti-fluoride groups and individuals had petitioned EPA under TSCA to regulate the fluoridatio...

Association of American Railroads v. Randolph

A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...

Buffalo River Watershed Alliance v. United States Forest Service

A district court denied summary judgment for an environmental group in a challenge to the Forest Service's approval of a tree-thinning project in Ozark National Forest. The group argued the Service violated NEPA by failing to take a "hard look" at certain environmental issues and failing to prepare ...

Alaska v. National Marine Fisheries Service

A district court granted the state of Alaska's request to set aside and enjoin NMFS' final rules designating critical habitat for the Beringia distinct population segment of the bearded seal and for the Arctic ringed seal. The state argued NMFS violated the ESA by failing to designate specific areas...

Orutsararmiut Native Council v. United States Army Corps of Engineers

A district court granted in part and denied in part Alaska Native tribes' request for declaratory relief in a challenge to the Army Corps of Engineers' and BLM's final EIS and joint record of decision for a proposed gold mine in southwestern Alaska. The tribes argued the EIS and record of decision v...

Living the Good Life in the Anthropocene

The Stockholm Resilience Centre has concluded that the number of “planetary boundaries” we are crossing has increased from three in 2009, when the Centre’s researchers first introduced the concept, to six in 2023. Crossing these boundaries means humans are changing basic attributes of planetary systems to the point of risking the future of civilization.

Regulating Shipping of Carbon Dioxide for Sequestration

A number of facilities intended for permanent sequestration of carbon dioxide are being developed in the United States. Several will be located on or near the coast of the Gulf of Mexico, making them easily accessible to ships. Meanwhile, in Europe there is substantial interest in capturing carbon dioxide from industrial operations, but currently inadequate sequestration facilities, and growing interest in shipping carbon dioxide for sequestration in the United States. This Article reviews the main U.S.