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Huntsman Petrochemical LLC v. Environmental Protection Agency

The D.C. Circuit denied a chemical manufacturer's and two trade groups' petitions to review EPA's 2020 rule regulating emissions from miscellaneous organic chemical manufacturing facilities. The petitioners challenged EPA's assessment of cancer risk from exposure to ethylene oxide emissions. The cou...

Xerces Society for Invertebrate Conservation v. Shea

A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...

Center for Biological Diversity v. Haaland

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to FWS' 2020 revised 12-month finding on a petition to list the Upper Missouri River distinct population segment of arctic grayling. The groups argued FWS failed to analyze the adequacy of ex...

Port Isabel v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part challenges to FERC orders reauthorizing two liquefied natural gas export terminals in Texas and a pipeline that would carry natural gas to one of them. The city of Port Isabel and an environmental group argued FERC failed to comply with NEPA and Na...

Wilderness Society v. U.S. Department of Interior

A district court enjoined BLM from approving new applications for a permit to drill or authorizing new surface disturbance on lease parcels in conservation groups' challenge to the Bureau's decision to auction roughly 120,000 acres of public land in Wyoming for oil and gas development. The court pre...

Chemours Co. FC, LLC v. United States Environmental Protection Agency

The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

The D.C. Circuit vacated FERC's approval of an expansion project for a natural gas pipeline that runs through New Jersey, New York, Delaware, Maryland, and Pennsylvania. Environmental groups petitioned to review the approval, arguing FERC arbitrarily overlooked significant environmental consequences...

Coalition for Renewable Natural Gas v. Environmental Protection Agency

The D.C. Circuit denied a petition to review EPA's 2023 regulations that imposed new reporting requirements on biogas producers. An industry group argued, among other things, that EPA had no authority to regulate biogas producers and that three categories in the regulations—those related to biogas...

West Virginia v. Environmental Protection Agency

In a per curiam order, the D.C. Circuit denied states' and industry groups' motions to stay EPA's rule aimed at reducing pollution from fossil fuel power plants. Petitioners argued EPA acted arbitrarily and capriciously in determining that carbon capture and other emission control technologies were ...

Forgotten Waters

This abstract, which is adapted from Michele Okoh, Forgotten Waters, 111 Geo. L.J. 723 (2022), argues that approaches to addressing access to safe drinking water must account for the legacy of discrimination and discusses why the Rural Electrification Act provides a promising model to provide safe drinking water to well-dependent populations.