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E-Cigarettes as Waste and the Need to Regulate "Disposable" Products

Between January 2020 and March 2023, U.S. electronic cigarette sales grew 43%, from 15.6 million devices per month to 22.4 million devices. During this time frame, the portion of sales comprising disposable devices grew from 4 million to 11.9 million per month. The impact upon the environment has been largely overlooked by policymakers.

Precon Development Corp. v. United States Army Corps of Engineers

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...

Spraying the Skies: Stratospheric Aerosol Injection and Human Rights

Little has been said on how the just transition to a decarbonized world relates to the human right, recently recognized by the United Nations General Assembly, to a clean, healthy, and sustainable environment. This Article explores this relationship and how to build a framework that guides current and future climate change endeavors. It argues that the human right’s substantive and procedural content must incorporate just transition claims, which would help resolve whether and how to advocate for specific climate measures.

Leaking Methane: Natural Gas, Climate Change, and Uncertainty

Recent studies suggest natural gas is significantly more carbon-intensive than previously realized, with methane having at least 25 times the warming potential of carbon dioxide. If the United States is to meet greenhouse gas reduction goals, it must curtail methane leakage between 30% and 90%, and leakage is anticipated to cost producers $2 billion each year in lost product. Absent regulations from the federal government and many states, nongovernmental organizations and the private sector are developing innovative solutions.

From RPS to Carbon: An Evolutionary Proposal

Renewable portfolio standards (RPS) and their accompanying renewable energy credits have been adopted by 38 states and the District of Columbia. This Article argues that they have outlived their usefulness, and proposes a transition to a “carbon reduction standard” (CRS) based on a statewide target for the average carbon emissions per megawatt hour of electricity generation. It describes in detail how a CRS would work, how it aligns with changing policy goals, and how it would take advantage of RPS lessons learned.

Electric Energy, Inc. v. Environmental Protection Agency

The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that govern disposal of coal combustion residuals (CCRs). Owners and operators of coal-fired power plants argued EPA's actions amended existing legislative rules governing disposal of CCRs and that the Agen...

Mobile Baykeeper, Inc. v. Alabama Power Co.

A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...