Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.
Interior’s Authority to Curb Fossil Fuel Leasing
In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands. He has supplemented this by offering a rather bizarre argument that he has no such obligation because carbon emissions are being curbed more in the United States than in many other countries. The U.S. Department of the Interior (DOI) reported not long ago that these emissions account for about one-quarter of total U.S. carbon emissions.
Rethinking the Federal-State Relationship
Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.
Knick v. Scott, Pennsylvania, Township of
The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds. The landowner argued the ordinance, which requires cemeteries on public and private property to be kept open and accessible to the public during daylight hours, effected a taking of her prop...
Sawtooth Mountain Ranch LLC v. United States Forest Service
A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area. The property owners argued the Service's decision to proceed via a categorical exclusion was in violation of NE...
Welty v. United States
The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee. The landowners argued that the flooding, which rendered their land unfit for cultiva...