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Garrison v. New Fashion Pork LLP
The Iowa Supreme Court, 4-3, affirmed a summary judgment order dismissing a landowner's nuisance, trespass, and drainage claims against a neighboring confined animal feeding operation (CAFO). The neighboring CAFO moved for summary judgment based on the statutory immunity enacted in Iowa's "right-to-...
Sierra Club v. Federal Energy Regulatory Commission
The D.C. Circuit denied environmental groups' petition to review FERC's order approving an extension of a natural gas pipeline into North Carolina. The groups specifically challenged the order's approved return on equity rate and the adequacy of the Commission's EIS, arguing that FERC should not hav...
The Green Police: Criminal Enforcement in the Era of Climate Change
This Comment is adapted from Chapter 7 in Joshua Ozymy & Melissa Jarrell Ozymy, Toxic Intent: Environmental Harm, Corporate Crime, and the Criminal Enforcement of Federal Environmental Laws in the United States (ELI Press forthcoming 2022).
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.