A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president exceeded his authority under the National Emergency Act (NEA) when h...
A district court dismissed for lack of standing a lawsuit challenging the Executive Order that requires agencies to repeal two existing rules for each new rule promulgated. California, Minnesota, and Oregon argued that the order delayed or resulted in the undertaking of four rulemakings and that the...
The Court of Federal Claims granted in part and denied in part the Bureau of Reclamation's motion to dismiss a lawsuit concerning its curtailing of water deliveries during a drought in California. The city of Fresno and irrigation districts argued that the Bureau breached its water-supply contracts ...
The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...
The Second Circuit reversed a district court ruling that denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of greenhouse gas emission standards for vehicle manufacturers. The groups challenged EPA's withhold...
The First Circuit reversed the dismissal of a challenge to an EPA directive that prohibits scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. A nonprofit group argued the directive violated the Federal Advisory Committee Act (FACA) by disproportiona...
Cities around the world are looking to reduce greenhouse gas and other emissions from vehicles through the use of low emission zones and congestion pricing. These strategies have been employed to great success abroad, including in central London, where both congestion pricing and fees and restrictions on higheremitting vehicles are in effect. In the U.S. law context, these policy approaches give rise to significant legal issues that have not been well-explored. This Article proposes that these policy approaches be called “Low Traffic Zones” (LTZs), and surveys those legal considerations.