Environmental Defense Fund v. United States Environmental Protection Agency
The D.C. Circuit vacated certain requirements under an EPA rule concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by the Agency under TSCA. Trade groups challenged the rule, arguing it allowed for unlawful discl...
A Road Map to Net-Zero Emissions for Fossil Fuel Development on Public Lands
In producing over 274 million barrels of oil, 3.3 billion cubic feet of natural gas, and 302 million tons of coal each year, the Bureau of Land Management’s (BLM’s) decisions significantly impact U.S. and global greenhouse gas emissions; fossil fuels produced on federal land account for almost 24 percent of all U.S. CO2 emissions. This Article provides a legal road map for BLM to require all new oil and gas development to achieve net-zero emissions as a condition of operation.
Public Employees for Environmental Responsibility v. Regan
A district court granted EPA's motion to dismiss a TSCA citizen suit brought by environmental groups concerning fluorination. The groups sought to compel EPA to prohibit the company's fluorination practices, which produced per- and polyfluoroalkyl substances (PFAS), a class of carcinogenic chemicals...
Michigan Department of Environment, Great Lakes, and Energy v. Gerald R. Ford International Airport Authority
In an unpublished opinion, the Sixth Circuit affirmed a district court's order remanding to state court a lawsuit concerning a Michigan airport's use of aqueous film-forming foam (AFFF). Michigan's attorney general (AG) and Department of Environment, Great Lakes, and Energy sued in state court, argu...