The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel effect" during Hurricane Katrina and subsequent hurricanes and s...
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (GWSA). The GWSA is a legislative scheme designed to address the effects of climate change in Massachusetts by prom...