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Alliance for the Wild Rockies v. Haaland

A district court denied summary judgment for environmental groups in a challenge to BLM's management plan for a recreation area in Montana. The groups argued BLM violated NEPA, FLPMA, and the Federal Advisory Committee Act (FACA) when it developed the plan, and sought a preliminary injunction. The c...

Vinyl Institute, Inc. v. Environmental Protection Agency

The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the chronic toxicity of 1,1,2-trichloroethane pursuant to TSCA. A trade organization representing seven entities challenged the order, arguing EPA failed to comply with several statutory requirements. The c...

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.