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Chlorine Institute, Inc. v. Federal Rail Administration

The D.C. Circuit dismissed as unripe a trade association's lawsuit challenging portions of a Federal Rail Administration (FRA) rule that requires qualifying rail carriers to submit an implementation plan to install a "positive train...

Comer v. Murphy Oil USA, Inc.

The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from...

Grocery Manufacturers Ass'n v. Environmental Protection Agency

The D.C. Circuit denied a petition to rehear trade associations' lawsuits challenging two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. Trade...

Supreme Court Review and Preview: NFIB v. Sebelius and Sackett v. EPA

Each October, the U.S. Supreme Court begins a new term. And each year, the Environmental Law Institute convenes a national seminar with some of the preeminent experts on the Supreme Court and environmental law to examine the potential...

Wynne v. Klein

A Texas appellate court held that sovereign immunity bars an individual's lawsuit against the board members of a local reclamation district claiming that their activities caused a lake to be substantially drained during 2008 and for...

Where Standing Closes a Door, May Intervention Open a Window? Article III, Rule 24(a), and Climate Change Solutions

The Article III standing doctrine is hindering judicial resolution of climate change harms. Imposing Article III standing requirements onto movants seeking to intervene in ongoing cases further narrows an increasingly narrow field of...

Wildearth Guardians v. Public Service Co. of Colorado

The Tenth Circuit dismissed as moot an environmental group's CAA citizen suit against an energy company for building a new coal-fired power plant in Pueblo, Colorado, without a valid construction permit. Although the project initially...

Wildearth Guardians v. Salazar

A district court dismissed environmental groups' lawsuits challenging BLM's decision to authorize the leasing of certain public lands in northeastern Wyoming for coal mining operations. The groups, who claim that BLM failed to prepare...

American Petroleum Institute v. Environmental Protection Agency,

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not...

Gulf Restoration Network, Inc. v. Salazar

The Fifth Circuit dismissed environmental groups' petitions challenging DOI's approval of 16 oil well exploration and development plans that were issued between March 29 and May 20, 2010, under the Outer Continental Shelf Lands Act (...