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Louisiana v. Biden
The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...
Commonwealth of Kentucky v. United States Environmental Protection Agency
A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...
Fond Du Lac Band of Lake Superior Chippewa v. Cummins
A district court denied a mining company's motion to dismiss an Indian tribe's challenge to a land exchange between the company and the Forest Service. The tribe argued that the land exchange implicated its sovereign interests, including a right under an 1854 treaty to use the land for hunting, fish...
The Oak Ridge Cleanup: Protecting the Public or the Polluter?
The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?