The Eleventh Circuit, 2-1, granted the federal government's motion to stay a district court's preliminary injunction in a lawsuit concerning construction and operation of a mass immigrant detention and deportation camp in the Florida Everglades.

The D.C. Circuit granted a coalition of trade groups' petition to review EPA's 2023 rescission of the Title V affirmative defense to liability for excess emissions caused by emergency events.

A preview to our September-October issue features two pieces on state lawsuits. The first looks at California's lawsuit challenging the federal government's disapproval of EPA's waiver for California’s 2022 zero emission vehicle mandate. While the author argues that the state is likely to lose the case on statutory grounds, California can adopt targeted tax reforms with only a remote risk of preemption under federal law. The second piece looks at recent litigation directed at New York's and Vermont's Climate Superfund laws.

Through a novel yet controversial application of the Congressional Review Act (CRA), in June the federal government disapproved EPA’s waiver for California’s 2022 zero emission vehicle mandate. The state sued to overturn that disapproval, arguing that the federal government abused its authority under the CRA. This Article argues that although California is likely to lose the statutory aspects of its litigation,  the loss will not be crippling because California has other tools at its disposal to accelerate the transition to electric vehicles.