The Tenth Circuit granted in part and denied in part an environmental group's petition to review EPA approval of Colorado's 2019 SIP revisions. The group argued the revision to the permit requirement for new emission sources prevented regulators from blocking construction when a new source woul...
An antitrust paradox lies at the heart of private-sector climate commitments. On the right, state attorneys general have warned that they may challenge these collaborations under antitrust laws. On the left, antitrust enforcers in the Biden Administration asserted that these actions will not receive preferential treatment even if they address societal ills that are not being addressed by governments. This Article asks what antitrust law is willing to consider: if prosocial goals are framed in terms of economic harms, should antitrust law view climate action as violating that standard?
PFAS exposure is emerging as a disability that veterans want covered by the U.S. Department of Veterans Affairs (VA). With claims relating to environmental exposure, it is often difficult to prove the disability is a result of service and not something else. However, there is another way to get service-connected disability coverage as a veteran: presumption of service connection.
The negotiations for the Global Plastics Treaty (GPT) that collapsed on December 2, 2024, were meant to be a step toward a plastics future informed by sustainable development principles. Given that no agreement has yet been reached, this Comment will discuss two broad issues that future GPT negotiating sessions must confront to produce an effective plastic life-cycle governance instrument. Part I reviews the fragmentation in current plastic waste-related governance instruments and institutions, and describes opportunities for the GPT to find synergies with those instruments.
A district court granted environmental groups' motion for summary judgment in a challenge to BLM's approval of a commercial logging project on federal land in Oregon. The groups argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts and failing to prepare an EIS. The ...
The Ninth Circuit affirmed in part and vacated in part summary judgment for USDA's Wildlife Services in a challenge to the authorization of a predator damage and conflict management program in Nevada wilderness areas. Environmental groups argued the program violated the Wilderness Act because p...
The D.C. Circuit denied environmental groups' petitions to review DOE's authorization of a project to export from Alaska to non-free trade countries up to 20 million metric tons of liquefied natural gas (LNG) per annum for 30 years. The groups argued DOE misconceived the "public interest" and failed...