A district court held that environmental groups lack standing to challenge BLM's approval of two quarterly oil and gas lease sales under the APA, NEPA, FLPMA, and the Mineral Leasing Act. The groups claimed that BLM failed to meaningfully address the issue of climate change in approving the leases, ...
A district court granted a city's motion to dismiss a company's third-party complaint against it for reimbursement of cleanup costs the U.S. government incurred responding to hazardous substances at an industrial site formerly owned by the company. The government filed suit against the company under...
The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels. The associations, which represent commercial ship owners and operators, raised a number of procedural challenges, al...
A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics Control Act (MTCA). The agency argued that the lower court erred in...
The Ninth Circuit held that environmental groups may intervene in a citizen suit against the U.S. Forest Service concerning restricted motorized and mechanized vehicle use in a section of the Gallatin National Forest. In the underlying action, the citizens group argued that the Forest Service's plan...
The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA. In 2007, the FWS designated 143 acres of plaintiffs' property as critical habitat for the San Diego fairy shrimp under the E...
EPA revised the performance standards for new stationary compression ignition internal combustion engines under CAA §111(b).
EPA finalized an update to a portion of the outer continental shelf air regulations for Alaska.
EPA amended the NESHAP for the plating and polishing area source category to exclude bench-scale activities.
This Article proposes an “environmental practices money security interest” (EPMSI) that lawmakers could add to Uniform Commercial Code (UCC) Article 9.1 The EPMSI would grant priority over earlier investors to financers whose extensions of credit enable debtors to invest in improving environmental impact.