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Leveraging Earth Law Principles to Protect Ocean Rights
Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.
Idaho Conservation League v. Bonneville Power Administration
The Ninth Circuit, 2-1, denied environmental groups' petition to review the Bonneville Power Administration's (BPA's) decision setting power rates for the 2022-2023 fiscal period. The groups argued BPA violated the Northwest Power Act (NWPA) by setting rates that failed to comply with its duty to pr...
O'Reilly v. United States Army Corps of Engineers
The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...