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Center for Biological Diversity v. United States Forest Service
In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part a district court ruling in a lawsuit over a logging project in Kootenai National Forest. Conservation groups sued the Forest Service and FWS, arguing the project's approval violated the ESA, NEPA, and the National For...
Feed It to the Ocean: The Federal Approach to Decommissioning in Alaska Native Climate Adaptation Projects
This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is a “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities.
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...
Mahler v. United States Forest Service
A district court denied environmental groups' motion to preliminarily enjoin a tornado recovery operations project in Hoosier National Forest. The groups argued the Forest Service improperly excluded the project from NEPA's research and reporting requirements and began implementing the project befor...
Prutehi Litekyan v. United States Department of the Air Force
The Ninth Circuit reversed a district court's dismissal of a challenge to the U.S. Air Force's decision to engage in hazardous waste disposal through open burning/open detonation (OB/OD) operations at Tarague Beach on Guam. A nonprofit group argued the Air Force failed to comply with its environment...
Southern Utah Wilderness Alliance v. United States Department of the Interior
A district court granted the state of Utah's and an oil and gas company's motions to dismiss a challenge to four leasing decisions made from 2018 through 2019, under which BLM issued 145 oil and gas leases on public lands throughout eastern Utah. An environmental group argued BLM violated NEPA and t...
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.
Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward
Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers assume that federal reviews and permitting cause most project delays and failures. Third, there is a widespread belief that environmental laws are routinely weaponized against new infrastructure through obstructive litigation. Fourth, critics assert that environmental procedures and standards must be sacrificed to enable timely climate action.