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District Court Dismisses As Moot Lawsuit Seeking to Reinstate Keystone XL Permit
A district court dismissed as moot a lawsuit seeking to reinstate a permit for the Keystone XL oil pipeline to cross the U.S.-Canada border.
District Court Grants Delaware's Motion To Remand Climate Liability Suit to State Court
A district court granted Delaware's motion to remand to state court its climate liability lawsuit against fossil fuel companies.
In This Month's Issue . . .
The January issue of ELR features articles on plastics pollution and on establishing causation in climate litigation. The issue also includes a transcript from a recent webinar that explored the impact that environmental rights amendments can have on stabilizing the climate system through legal channels at the state and federal levels.
The U.S. Plastics Problem: The Road to Circularity
Plastics pollution has been an issue in the United States since discovery of the Great Pacific Garbage Patch catapulted it to the forefront of news reporting. Regulatory and academic activity around plastics has had a common feature: it focused almost exclusively on one stage in plastics’ linear model and framed the problem as a waste problem. This Article argues for an expanded view of the
U.S. plastics problem, one that reframes the problem around sustainability and plastics’ full life cycle, rather than a focus on waste alone.
Air
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP…
In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for…
Climate Change
A district court granted Delaware's motion to remand to state court its climate liability…
Courts across the globe recognize that human-induced climate change leads to more frequent and…
Energy
A state appellate court upheld the Minnesota Public Utilities Commission's (MPUC's)…
The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (…
Governance
A district court dismissed as moot a lawsuit seeking to reinstate a permit for the Keystone XL oil…
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to…
Land Use
The D.C. Circuit dismissed as moot Alaska's challenge to the Forest Service's 2001…
A district court granted summary judgment for the Forest Service in environmental groups'…
Natural Resources
A district court granted environmental groups' motion to preliminarily enjoin wildfire logging…
A district court denied Oklahoma's motion for preliminary injunction in a lawsuit concerning…
Toxic Substances
The Second Circuit denied two petitions to review EPA's final rule restricting access by…
The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and…
Waste
Plastics pollution has been an issue in the United States since discovery of the Great Pacific…
The Ninth Circuit, 2-1, vacated summary judgment for a California city in a RCRA citizen suit…
Water
The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal…
A district court vacated EPA's denial of an environmental group's petition to issue new…
Wildlife
A district court granted in part summary judgment for environmental groups in a challenge to FWS…
A district court dismissed the state of Alaska's lawsuit against the Federal Subsistence Board…