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D.C. Circuit Affirms Dismissal of Landowners' Challenge to FERC's Authority to Grant Pipeline Certificates
The D.C. Circuit affirmed a district court's dismissal of landowners' challenge to FERC's authority to grant pipeline certificates.
Ninth Circuit Grants in Part, Denies in Part Petition to Review EPA's Glyphosate Registration Review
The Ninth Circuit granted in part and denied in part a petition to review EPA's determination that glyphosate did not pose "any unreasonable risk to man or the environment."
In This Month's Issue . . .
The July issue of ELR features articles on criminal enforcement in the era of climate change; reinventing, realigning, and restructuring U.S. material management; and how environmental litigation has turned pipelines into pipe dreams. The issue also includes a transcript from a recent webinar that explored recently proposed changes to NEPA regulations and how they might impact climate change policy and environmental justice.
Amending the NEPA Regulations
On April 20, 2022, the first phase of recent amendments to the NEPA regulations was finalized. How do these amendments change NEPA implementation, and how might they impact climate change policy and environmental justice?
Air
A district court denied environmental groups' motion for partial summary judgment in a CAA…
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP…
Climate Change
In an emergency order, the U.S. Supreme Court denied several states' application to vacate the…
The First Circuit again affirmed a district court order that remanded to state court Rhode Island…
Energy
The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a…
The D.C. Circuit granted in part and denied in part petitions to review FERC's order approving…
Governance
This Comment is adapted from Chapter 7 in Joshua Ozymy & Melissa Jarrell Ozymy, Toxic Intent:…
The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was not…
Land Use
President Joe Biden’s Executive Order No. 14008 of January 2021 called for the Administration to…
The Ninth Circuit affirmed summary judgment for FWS in a challenge to its 2016 Kenai Rule, which…
Natural Resources
The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s…
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years.…
Toxic Substances
The Ninth Circuit granted in part and denied in part a petition to review EPA's determination…
The Ninth Circuit vacated EPA's denial of a petition to cancel the registration of the…
Waste
The United States currently does not have capacity to recycle its waste domestically, nor can it…
Plastics pollution has been an issue in the United States since discovery of the Great Pacific…
Water
The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a…
The Nevada Supreme Court held, 4-3, that the state's top water official had authority to…
Wildlife
A district court granted FWS' motion for voluntary remand in a challenge to its 2020 decision…
A district court granted an environmental group's motion to preliminarily enjoin the Forest…