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District Court Grants Trump Administration's Motion to Dismiss Lawsuit Challenging Three EOs Signed by President
A district court granted the Trump Administration's motion to dismiss a lawsuit brought by 22 youths challenging three executive orders (EOs) signed by the president.
Ninth Circuit Affirms Summary Judgment for Forest Service in Challenge to Project to Cut Down Trees Burned by Wildfires
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a project to cut down trees burned by wildfires on national forest land in 2020 and 2021.
In the Next Issue . . .
In our "preview" to the November-December issue, we examine the use of artificial intelligence in NEPA reviews, remedying nonpoint source pollution via federal common law, and holding corporations legally accountable for their environmental and social impact commitments. More articles will be added in December.
Using AI in NEPA Reviews
The integration of artificial intelligence into implementation of NEPA is unfolding against a backdrop of regulatory uncertainty and heightened judicial scrutiny. What is the appropriate regulatory pathway for governing AI in NEPA compliance—rulemaking or legislation? And how can agencies ensure that AI-generated EISs meet judicial standards under NEPA and the Administrative Procedure Act?
Air
The Fifth Circuit, 2-1, denied a challenge to EPA's disapproval of a good neighbor SIP…
The D.C. Circuit granted a coalition of trade groups' petition to review EPA's 2023…
Climate Change
A district court granted the Trump Administration's motion to dismiss a lawsuit brought by 22…
A district court granted the state of Maine's motion to remand to state court a climate…
Energy
A district court granted in part and denied in part summary judgment for an environmental group in…
A district court denied summary judgment for environmental groups in a lawsuit concerning a high-…
Governance
Nonpoint source pollution is “the leading remaining cause of water quality problems” in the country…
Beginning in the 2010s, corporations began making voluntary commitments to reduce carbon emissions…
Land Use
A district court adopted a magistrate judge's findings and recommendations in a lawsuit…
The Ninth Circuit affirmed summary judgment for American Indian tribes in a challenge to BLM's…
Natural Resources
The integration of artificial intelligence (AI) into implementation of the National Environmental…
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a…
Toxic Substances
The Third Circuit affirmed a district court order remanding to state court a lawsuit concerning a…
PFAS exposure is emerging as a disability that veterans want covered by the U.S. Department of…
Waste
The Ninth Circuit reversed summary judgment for a mining company in a lawsuit concerning liability…
A district court granted in part and denied in part a fossil fuel company's motion to dismiss…
Water
Nonpoint source pollution is “the leading remaining cause of water quality problems” in the country…
A district court granted EPA's motion to dismiss a lawsuit seeking to compel agency action…
Wildlife
A district court granted summary judgment for environmental groups in a challenge to FWS' 2022…
The D.C. Circuit affirmed summary judgment for FWS in a challenge to its rejection of a petition to…