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Leveraging Earth Law Principles to Protect Ocean Rights
Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.
Lowman v. Federal Aviation Administration
The Eleventh Circuit denied several individuals' petition to review FAA approval of an airport expansion project in Florida. The individuals argued FAA violated NEPA by segmenting its review of a single development project into multiple, smaller projects to make environmental effects appear less sig...
O'Reilly v. United States Army Corps of Engineers
The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...
Kanawha Forest Coalition v. Keystone WV
A district court granted in part and denied in part summary judgment for environmental groups in a CWA/SMCRA citizen suit concerning the discharge of pollutants from surface coal mines in West Virginia. The groups argued a coal mining company violated the CWA by discharging mining pollutants at Rush...