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Conservation Law Foundation v. ExxonMobil Corp.
A district court stayed an environmental group's climate change lawsuit against an oil company concerning a CWA permit for its petroleum storage facility in Massachusetts. The group argued that the permit required the company to consider predictable weather patterns, including flooding and severe st...
California v. Trump
A district court dismissed for lack of standing a lawsuit challenging the Executive Order that requires agencies to repeal two existing rules for each new rule promulgated. California, Minnesota, and Oregon argued that the order delayed or resulted in the undertaking of four rulemakings and that the...
No Road to Change: The Weaknesses of an Advocacy Strategy Based on Agency Policy Change
The Trump Administration has aggressively rolled back prior administrations’ environmental regulations and natural resource policies, and critics of this agenda have turned to the judiciary. A remarkable string of federal court decisions has faulted the Administration for failing to follow the standard for agency policy change articulated in Federal Communications Commission v. Fox Television Stations, Inc.
Drewes Farms Partnership v. Toledo, City of
A district court held invalid an amendment to the city of Toledo's charter that gave legal rights to Lake Erie. A local family farm argued the amendment was unconstitutionally vague and thus that it should be invalidated. The court found that the environmental rights of the lake and its watershed to...
Mayor and City Council of Baltimore v. BP P.L.C.
The Fourth Circuit upheld a district court order that remanded to state court the city of Baltimore's climate change case against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme precip...
Maryland v. Federal Aviation Administration
The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport. The state argued the new flight paths, which concentrated aircraft noise over its public lands, should be vacated because th...
Environmental Justice, Just Transition, and a Low-Carbon Future for California
We must substantially reduce carbon emissions within a short time line, and this rapid decarbonization will cause negative economic and social impacts on workers and communities dependent upon fossil fuel extraction and use. “Just transition” often refers to addressing the needs of those communities, but an equitable transition into a low-carbon future should also take into account environmental justice communities that have suffered from disproportionate exposure to environmental hazards and that could and should benefit from job creation.