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Governance

EPA’s Criminal Prosecution and Punishment of Environmental Crimes

The U.S. Environmental Protection Agency (EPA) has the difficult mission of crafting complex environmental rules and regulations while considering the economic costs of those actions. The Agency must also engage in law enforcement...

Regulating CAFOs for the Well-Being of Farm Animals, Consumers, and the Environment

The livestock sector is one of the planet’s primary causes of resource consumption and environmental degradation. Approximately 99% of meat and other animal products in the United States are from factory farms, and the number of...

Friends of Alaska National Wildlife Refuges v. Bernhardt

A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Environmental groups argued that the agreement, which DOI...

Oakland Bulk & Oversized Terminal, LLC v. Oakland, City of

The Ninth Circuit upheld a district court ruling that Oakland, California breached its contract with a company to develop a commercial rail-to-ship terminal on a former U.S. Army base near the San Francisco Bay. The company argued that...

Waid v. Earley

The Sixth Circuit affirmed a district court ruling that denied city and state officials' motions to dismiss residents' bodily integrity claim stemming from the water contamination crisis in Flint, Michigan. City officials argued they...

Clover Coffie v. Florida Crystals Corp.

A district court dismissed for lack of standing a challenge to sugarcane producers' annual burning of sugarcane fields. Nearby landowners argued that the burning has led to a diminution of their property values and that they have...

Brexit and Environmental Law

The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific...

OIRA’s Dual Role and the Future of Cost-Benefit Analysis

The role that cost-benefit analysis (CBA) plays in regulatory decisionmaking is at a crossroads, as is the role played by the agency that oversees its implementation, the Office of Information and Regulatory Affairs (OIRA). The Trump...

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...

WildEarth Guardians v. Chao

A district court denied summary judgment to an environmental group in a lawsuit concerning the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) obligations under the Mineral Leasing Act (MLA) to inspect all pipelines...