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District Court Remands Without Vacatur Final NMFS Rule as Related to U.S. Lobster Industry
A district court granted in part and denied in part conservation groups' motion for an order on remedy after it invalidated NMFS' 2021 biological opinion and final rule as related to the U.S. lobster fishery.
D.C. Circuit Dismisses Petition to Review NRC's Issuance of Materials License Authorizing Uranium Production in Ohio
The D.C. Circuit dismissed a petition to review NRC's decision to issue an amended materials license authorizing uranium production for a DOE demonstration program at a facility in Ohio.
In This Month's Issue . . .
The December issue of ELR features articles on the underregulation of contaminants of emerging concern; the nature of threats that climate change poses to salmon recovery; and linking fossil fuel disinformation to climate changes. The issue also includes a transcript from a recent ELI WELL webinar that hosted a cross-generational panel of women who explored opportunities and challenges for women in environmental law and policy.
Playing the Long Game: Expediting Permitting Without Compromising Protections
The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. Fortunately, tools exist to promote efficiency without eliminating rigor and without waiting for statutory or regulatory reforms.
Air
On October 29, 2021, the U.S. Supreme Court granted certiorari in West Virginia v. Environmental…
On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West…
Climate Change
This Article examines the nature of the threats that climate change poses and will continue to pose…
Over two dozen U.S. states and municipalities have filed lawsuits against fossil fuel companies,…
Energy
The D.C. Circuit dismissed a petition to review NRC's decision to issue an amended materials…
Progressive cities and states have begun enacting policies to reduce greenhouse gas emissions from…
Governance
The field of environmental law has seen many changes over the years, with demonstrable legal and…
Underregulation is a common and persistent environmental law problem, with recent scholarly focus…
Land Use
Animal agriculture is one of the leading sources of greenhouse gas emissions. Carbon offset markets…
A district court vacated two rights-of-way that BLM issued to a company in 2020 to transport water…
Natural Resources
A district court granted DOD's motion to dismiss a challenge to its decision to halt fence…
The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to…
Toxic Substances
In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to…
The Ninth Circuit granted in part and denied in part a petition to review EPA's determination…
Waste
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a…
Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA)…
Water
A district court denied a state prison's motion for partial summary judgment in a CWA citizen…
The New Mexico Supreme Court overturned regulations promulgated by the State Game Commission in…
Wildlife
This Article examines the nature of the threats that climate change poses and will continue to pose…
In an amended order, a district court granted FWS' and NMFS' motion to voluntarily remand…