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Governance

Louisiana v. United States

The Fifth Circuit held that the U.S. Army Corps of Engineers had not waived its sovereign immunity from Louisiana's lawsuit alleging that the Corps failed to maintain the Gulf Intracoastal Waterway within authorized parameters under the...

Advisory Opinion to the Attorney General re Right to Competitive Energy Market For Customers of Investor-Owned Utilities; Allowing Energy Choice

In an advisory opinion to Florida's attorney general, the Florida high court concluded that a proposed initiative to amend the Florida Constitution to restructure the state's electricity markets should not be placed on the ballot. The...

El Paso, Texas v. Trump

The Fifth Circuit blocked a preliminary injunction issued by a district court that had barred the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. The district court had...

Friends of Buckingham v. State Air Pollution Control Board

The Fourth Circuit vacated the Virginia Air Pollution Control Board's approval of a permit for construction of a compressor station associated with a natural gas pipeline in an historically African-American community. Environmental...

The Case for a Legislated Market in Minimum Recycled Content for Plastics

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however,...

Center for Biological Diversity v. Bernhardt

The Ninth Circuit affirmed a district court's dismissal of an environmental group's request to compel DOI to reinstate the Refuges Rule, which prohibited Alaska's predator-control methods on national wildlife refuges as well as certain...

Public Citizen, Inc. v. Trump

A district court denied public interest groups' motion for partial summary judgment in challenging an executive order that requires federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they had...

Indigenous Environmental Network v. President Donald J. Trump

A district court denied a motion to dismiss a challenge to President Trump's issuance of a permit authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the permit...

Western Watersheds Project v. Bernhardt

A district court vacated grazing permits renewed by former Interior Secretary Ryan Zinke in response to a presidential pardon of a ranching company's prior criminal convictions. Environmental groups argued that Secretary's decision...

In re Upstream Addicks and Baker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held the U.S. Government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the...

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