The Third Circuit affirmed dismissal of a challenge to the Delaware River Basin Commission's ban on high-volume hydraulic fracturing in the Delaware River Basin.

A district court granted in part and denied in part an oil company's motion to dismiss a CWA and RCRA citizen suit brought by an environmental group.

The October issue of ELR features articles on the acceleration of climate creep; addressing growing environmental justice concerns through Superfund actions; achieving upfront certainty and resolve in Superfund settlements; how negotiators treat pollution tax and cap-and-trade regulations; and the potential for building electrification to impact tenant energy costs. The issue also includes a transcript from a recent ELI webinar that considered questions raised by the Supreme Court justices' decision in West Virginia v. Environmental Protection Agency, and discussed what the decision will mean for environmental law, administrative law, and EPA's power to act on climate change.

We have entered a new era in the development of climate law that not only limits the ability of the Court to obstruct legal progress, but also creates a firmer foundation for systemwide change.