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Honolulu, City & County of v. Sunoco LP
The Ninth Circuit affirmed a district court order remanding to state court two climate liability suits against numerous oil and gas companies. The city and county of Honolulu and the county of Maui sued in state court, arguing the companies knew about climate change, understood the harms that energy...
California River Watch v. Vacaville, City of
The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...
West Virginia v. Environmental Protection Agency
The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...
Recycling Is Rubbish: Reinvent, Realign, and Restructure U.S. Material Management
The United States currently does not have capacity to recycle its waste domestically, nor can it export the amount of waste it once did. Many states are trying to solve this crisis through novel legislation, but states cannot solve this crisis on their own. This Article argues that the federal government should take the lead in developing new law and policy designed to increase national recycling rates.