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Nessel v. Enbridge Energy, LP
The Sixth Circuit reversed a district court ruling in a lawsuit concerning the Line 5 Pipeline that runs underwater across the Straits of Mackinac between Michigan’s Lower and Upper Peninsulas. Michigan's attorney general (AG) initially sued the pipeline owner in state court, seeking to enjoin con...
Earthworks v. United States Department of the Interior
The D.C. Circuit, 2-1, affirmed summary judgment for BLM in a challenge to the agency's 2003 final rule withdrawing a proposed rule that would have limited the maximum size of "mill sites" for mining claims on federal lands and instead codifying the agency's historical understanding that the governi...
Food & Water Watch v. Federal Energy Regulatory Commission
The D.C. Circuit denied petitions to review FERC's approval of a project that would expand service on a natural gas pipeline running from western Pennsylvania to the New York metropolitan area. A nonprofit group argued FERC's EIS failed to quantify greenhouse gas (GHG) emissions from upstream drilli...
Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
Strengthening Superfund Cleanups With Land Use Institutional Controls
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.