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Nanouk v. United States

The Ninth Circuit vacated dismissal of a Federal Tort Claims Act (FTCA) lawsuit brought against the U.S. government concerning pollution from an abandoned military facility in Alaska. A resident argued that her property was contaminated...

When Politics Trump Science: The Erosion of Science-Based Regulation

"Science is science and facts are facts. My administration will ensure that there will be total [scientific] transparency and accountability without political bias.” That was the promise made in September 2016 by then-candidate Donald...

New York v. National Highway Traffic Safety Administration

The Second Circuit vacated a final rule published by the National Highway Traffic Safety Administration (NHTSA) that reversed the agency's 2016 civil penalty increase for noncompliance with Corporate Average Fuel Economy (CAFE)...

Walters v. Flint

A district court denied EPA's motion to dismiss residents' negligence claim stemming from the water contamination crisis in Flint, Michigan. Flint residents argued the Agency's slow response to the crisis negligently exposed them to...

Kansas Natural Resource Coalition v. United States Department of Interior

The Tenth Circuit affirmed dismissal of a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group had argued that FWS unreasonably delayed submitting to Congress a 2003 policy...

Howard County v. Federal Aviation Administration

The Fourth Circuit dismissed a petition to vacate or set aside the FAA's modification to a series of flight routes that caused residents of historic areas of a county in Maryland to endure "insufferable levels of noise." The county...

Driftless Area Land Conservancy v. Huebsch

The Seventh Circuit reversed the denial of transmission companies' motion to intervene in a lawsuit challenging the Wisconsin Public Service Commission's approval of a $500 million electricity transmission line in southwestern Wisconsin...

Analysis of Environmental Law Scholarship 2018-2019

This article highlights the results of the Environmental Law and Policy Annual Review (ELPAR) article selection process and reports on the environmental legal scholarship for the 2018-2019 academic year, including the number of...

Making Sustainability Disclosure Sustainable

The extent to which corporations should incorporate sustainability objectives into their operational decisionmaking is highly contested, as is the relationship between societal impact and economic value. At the same time, issuers are...

Sustainability Risk is Investment Risk

In her Making Sustainability Disclosures Sustainable article, Prof. Jill E. Fisch proposes creating a Sustainability Discussion and Analysis (SD&A) section to expressly obligate reporting companies to disclose their three...

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