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District Court Remands BOEM's EIS and ROD for 2022 Oil Lease Sale in Alaska's Cook Inlet
A district court remanded without vacatur the Bureau of Ocean Energy Management's final EIS and record of decision for a 2022 oil lease sale in Alaska's Cook Inlet.
D.C. Circuit Grants in Part, Denies in Part Petitions to Review FERC's Authorization of LNG Facilities in Southwestern Louisiana
The D.C. Circuit granted in part and denied in part petitions to review FERC's authorization of construction and operation of liquefied natural gas facilities in southwestern Louisiana.
In This Month's Issue . . .
The July issue of ELR features articles on net metering of rooftop solar; strengthening Superfund cleanups with land use institutional controls; and natural resource damages under CERCLA and OPA. The issue also includes a transcript from a recent webinar that discussed EPA's new particulate matter standard and how it will affect various environmental sectors.
Clearing the Air on SEPs
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act.
Air
The U.S. Supreme Court, 5-4, granted three states' and several industry groups'…
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule imposing…
Climate Change
The Ninth Circuit denied a motion for rehearing or reconsideration en banc of its mandamus order in…
A district court adopted a magistrate judge's findings and recommendations to remand to state…
Energy
The D.C. Circuit dismissed a petition to review DOE's decision to remove a free-trade…
The total electricity generated by rooftop solar has increased tenfold over the past decade, and…
Governance
The D.C. Circuit affirmed a Federal Communications Commission (FCC) order licensing a new satellite…
The U.S. Supreme Court, 6-3, held the APA requires courts to exercise independent judgment in…
Land Use
A district court denied summary judgment for environmental groups in a challenge to BLM's…
A district court granted in part and denied in part summary judgment for a conservation group in a…
Natural Resources
The D.C. Circuit affirmed a Federal Communications Commission (FCC) order licensing a new satellite…
The D.C. Circuit granted in part and denied in part petitions to review FERC's authorization…
Toxic Substances
The D.C. Circuit vacated a 2022 EPA order requiring chemical manufacturers/processors to test the…
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for…
Waste
The D.C. Circuit dismissed petitions to review EPA actions applying and enforcing regulations that…
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the…
Water
The U.S. Supreme Court, 5-4, denied two states' motion to enter into a consent decree in a…
A district court denied a commercial fisherman's motion to preliminarily enjoin the Army Corps…
Wildlife
A district court adopted in part, modified in part, and rejected in part a magistrate judge's…
In an unpublished per curiam judgment, the D.C. Circuit affirmed summary judgment for NMFS in a…