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Friends of Buckingham v. State Air Pollution Control Board

The Fourth Circuit vacated the Virginia Air Pollution Control Board's approval of a permit for construction of a compressor station associated with a natural gas pipeline in an historically African-American community. Environmental groups argued that the Board erred in failing to make any findings r...

Upstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held the U.S. government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the government improperly used their land to retain floodwaters during the hu...

Western Watersheds Project v. Bernhardt

A district court vacated grazing permits renewed by former Interior Secretary Ryan Zinke in response to a presidential pardon of a ranching company's prior criminal convictions. Environmental groups argued that Secretary's decision violated the APA and BLM regulations because it did not include the ...

Indigenous Environmental Network v. President Donald J. Trump

A district court denied a motion to dismiss a challenge to President Trump's issuance of a permit authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the permit's unilateral authorization of the pipeline conflicted with Cong...

Idaho Conservation League v. U.S. Forest Service

A district court granted in part and denied in part a motion for summary judgment in a challenge to the U.S. Forest Service's approval of a mining company's permit to explore for gold in the Caribou-Targhee National Forest. Environmental groups first argued that the Forest Service violated NEPA by f...

Public Citizen, Inc. v. Trump

A district court denied public interest groups' motion for partial summary judgment in challenging an executive order that requires federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they had associational standing based on injuries that two of their membe...

Center for Biological Diversity v. Ross

A district court vacated exempted fishing permits issued by NMFS that allowed two vessels to engage in commercial longline fishing in federal waters off the coast of California for two years. Environmental groups contended that the permits threatened the survival and recovery of Pacific leatherback ...

The Case for a Legislated Market in Minimum Recycled Content for Plastics

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled.