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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.

Amending the NEPA Regulations

The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s changes to the National Environmental Policy Act (NEPA) regulations by again requiring federal agencies to evaluate the direct, indirect, and cumulative environmental impacts of projects under environmental review. On April 20, 2022, the first phase of those amendments was finalized, and on April 21, the Environmental Law Institute hosted a panel of experts to explore the changes to NEPA implementation, and how they might impact climate change policy and environmental justice.

Environmental Defense Center v. Bureau of Ocean Energy Management

The Ninth Circuit affirmed in part and reversed in part a district court's grant of summary judgment in a challenge to the Bureau of Ocean Energy Management's and the Bureau of Safety and Environmental Enforcement's authorization of well stimulation treatments on offshore oil drilling platforms in t...

Public Employees for Environmental Responsibility v. National Park Service

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to the National Park Service's (NPS') policy directive instructing park superintendents to allow e-bikes in areas where traditional bikes were used, and subsequent rule amending NPS regulatio...

Citizens for a Healthy Community v. United States Department of Interior

A district court granted in part and denied in part BLM's and the Forest Service's motion to remand a challenge to the agencies' approval of a master development plan concerning oil and gas development activities on Colorado's Western Slope. Environmental groups argued the agencies violated NEPA by ...

Cottonwood Environmental Law Center v. Marten

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit concerning the Forest Service's 1987 plan for Custer Gallatin National Forest. An environmental group argued that NEPA obligated the Service to supplement its EIS for the plan after recognizing in 2012 that climate change n...