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Agencies

Bullock v. United States Bureau of Land Management

A district court invalidated three resource management plans that were approved by BLM's acting director because he was not authorized to approve them. The governor of Montana and the state Department of Natural Resources and...

Physicians for Social Responsibility v. Wheeler

The D.C. Circuit reversed a district court's dismissal of a challenge by scientific advocacy groups to EPA's directive barring recipients of EPA grants from serving on any of the Agency's advisory committees. The groups argued that the...

Natural Resources Defense Council v. U.S. Environmental Protection Agency

A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. An environmental group argued the directive should be vacated and...

Center for Biological Diversity v. Trump

A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president...

Building Credibility: Lessons From the Leadership of William Ruckelshaus

The recent passing of William D. Ruckelshaus has recalled and re-invited comparisons between the Trump and Nixon presidencies. Although Ruckelshaus might be most widely remembered for the “Saturday Night Massacre,” a review of his...

El Paso, Texas v. Trump

A district court granted a motion to preliminarily enjoin the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. El Paso County and a nonprofit group argued that the president...

EPA’s Existing Authority to Impose a Carbon “Tax”

A number of bills have been introduced in recent years to put a price on carbon via a federal carbon tax. These proposals generally proceed from the implicit assumption that the federal government in general, and the U.S. Environmental...

Flowing Water, Flowing Costs: Assessing FERC’s Authority to Decommission Dams

This year, 2019, marks the 20th anniversary of the removal of the Edwards Dam, one of the first functioning hydroelectric dam to be decommissioned and removed in the United States. It was also the first to be removed under the Federal...

Entrepreneurial Administration [Abstract]

This Article explains that the conventional view of agency behavior—following the specific direction of the U.S. Congress or the president and using notice-and-comment rulemaking or adjudication processes—does not capture how public...

Interior’s Authority to Curb Fossil Fuel Leasing

In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands...