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Daniels v. Executive Director of the Florida Fish and Wildlife Conservation Commission
The Eleventh Circuit affirmed summary judgment for Florida's Fish and Wildlife Conservation Commission (FWC) in a challenge to regulations promulgated by the Commission that restricted where and how Florida-registered fishing vessels could harvest Florida pompano in federal waters in the Gulf of Mex...
Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward
Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers assume that federal reviews and permitting cause most project delays and failures. Third, there is a widespread belief that environmental laws are routinely weaponized against new infrastructure through obstructive litigation. Fourth, critics assert that environmental procedures and standards must be sacrificed to enable timely climate action.
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...