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Governance

In re American Waste & Pollution Control Co.

The court holds that a Louisiana statute allowing direct appeal of decisions of the state Department of Environmental Quality to the state court of appeal, bypassing the state district courts, is unconstitutional, and the public rights...

Mario v. Fairfield, Town of

The court upholds a Connecticut municipality's regulation requiring owners of land partially within designated wetlands areas to obtain municipal approval before erecting structures on the land's nonwetlands portion. The court first...

TBG, Inc. v. Commercial Union Ins. Co.

The court holds that under California law, environmental response costs for actions taken by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...

EPA's Delisting Program for Hazardous Wastes: Current Limitations and Future Directions

Editors' Summary: "Delisting" is the process by which the Environmental Protection Agency (EPA) excludes a particular facility's waste from otherwise applicable lists that would designate it as hazardous under the Resource...

Enfield v. Atlantic Richfield Co.

The court holds that landowners' complaint, which alleges that they were required to hire experts to test, evaluate, and develop a cleanup plan for pollution on their property caused by an oil company, states a claim for mitigation...

Environmental Defense Fund v. Alexander

The court refuses to enjoin continued construction of the Tennessee-Tombigbee Waterway and rules that plaintiffs are barred by res judicata and collateral estoppel from challenging defendants for alleged violations of the National...

State v. Forge

The court affirms the conviction of nonmembers of the Minnesota Chippewa Tribe for fishing illegally on an Indian reservation, upholding the constitutionality of a statute requiring nonmembers of the tribe to pay a special license fee...

Sources of Regulatory Takings Economic Confusion Subsequent to Penn Central

The Federal Circuit Cienega X decision imposes insufficient financial analysis of Penn Central’s two economic prongs to satisfy either economic practice or the Penn Central test. The decision’s imposed...

Sustainable Consumption Governance in the Amazon

Tropical deforestation is a major source of greenhouse gas (GHG) emissions, estimated to contribute as much as 25% of global emissions. In Brazil, which is reported to be the fourth-largest GHG emitter, deforestation causes about 75% of...

Summers v. Earth Island Institute: Its Implications for Future Standing Decisions

In Summers v. Earth Island Institute, the U.S. Supreme Court in a 5-4 decision written by Justice Antonin Scalia rejected the concept of organizational standing based upon the statistical probability that some members of a plaintiff...