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Governance

Union Pacific Railroad Co. v. Pipeline and Hazardous Materials Safety Administration

The D.C. Circuit denied a petition to review PHMSA’s rule regulating disclosure requirements for railroad companies transporting hazardous materials. A company argued that the rule, which required railroads to release an aggregated...

Chesapeake Climate Action Network v. Environmental Protection Agency

The D.C. Circuit granted a petition to reconsider EPA's Final Mercury and Air Toxics Standards (MATS) Rule that exempted coal- and oil-burning power plant boilers' startup periods from numerical limits on hazardous air pollutants (HAPs...

United States v. California

A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S. Constitution because it...

Minnesota Sands, LLC v. County of Winona, Minnesota

Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued the ordinance violated the...

Maryland v. Federal Aviation Administration

The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport. The state argued the new flight paths, which concentrated...

Mayor and City Council of Baltimore v. BP P.L.C.

The Fourth Circuit upheld a district court order that remanded to state court the city of Baltimore's climate change case against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea...

Commercial Spaceports: A New Frontier of Infrastructure Law

While a “spaceport” may sound like a concept mostly confined to science fiction, several commercial spaceports are in operation in the United States and abroad, and more are being developed. As the name suggests, spaceports, or...

A Game Changer in the Making? Lessons From States Advancing Environmental Justice Through Mapping and Cumulative Impact Strategies

This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts—the reality that EJ communities typically suffer from a...

The Meat of the Matter: Shoring Up Animal Agriculture at the Expense of Consumers, Animals, and the Environment

This Article analyzes the recent proliferation of “tag-gag” laws aimed at undermining the emerging plantbased and cell-based food industries. It examines potential constitutional challenges to these laws, including those based on the...

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...

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