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Separation of powers

Center for Biological Diversity v. Zinke

A district court dismissed an environmental group's lawsuit challenging the constitutionality of the Congressional Review Act (CRA), under which Congress recently passed a resolution disapproving an FWS rule that prohibited certain...

With Great Power Comes Clear Accountability: Presidential Influence Over the Ozone NAAQS Reconsideration

In early September 2011, President Barack Obama rejected EPA’s draft rule to reconsider the 2008 ozone national ambient air quality standard (NAAQS) based on the OIRA’s recommendation. The letter from OIRA Administrator Cass Sunstein...

Native Village of Kivalina v. ExxonMobil Corp.

The Ninth Circuit affirmed a lower court decision dismissing an Eskimo village's nuisance claim against multiple oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies...

Chenoweth v. Clinton

The court holds that congressional representatives lack standing to sue to enjoin implementation of the President's American Heritage Rivers Initiative, which was established by executive order. The representatives claim that by issuing...

Delegation of EPA's CERCLA Enforcement Authorities to Qualified States Would Not Violate the U.S. Constitution

Editors' Summary: During congressional debate on CERCLA reauthorization, attention has focused on the role of states in executing the Act. Some observers of these debates have questioned the constitutionality of delegating EPA...

Gordon v. Texas

The court holds that the political question doctrine does not bar a federal court from resolving landowners' suits alleging that a state-managed fish pass significantly contributed to beach erosion on their property. The court first...

Mount Graham Coalition v. Thomas

The court holds that legislation applying the Arizona-Idaho Conservation Act exemption from Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) requirements to the construction of an observatory on a site in...

Northwest Forest Resource Council v. Pilchuck Audubon Soc'y

The court affirms a district court determination that §2001(k)(1) of the 1995 Rescissions Act is constitutional and does not violate separation of powers by permitting Congress to resurrect timber sales that federal courts have enjoined...