A district court granted an electric transmission developer's motion for preliminary injunction against Indiana's 2023 law that granted incumbent transmission owners a right of first refusal to build transmission projects in their service areas. The developer argued the law blocked it from bidding o...
A district court granted the Maine Department of Marine Resources' motion to dismiss a challenge to its rule that compels federally licensed lobstermen to install a tracking device on their fishing vessels. The lobstermen challenged the rule under the Maine Administrative Procedure Act (MAPA) and on...
A district court granted in part nonprofit and public interest groups' motion for summary judgment in a challenge to the Animal and Plant Health Inspection Service's (APHIS') 2020 rule concerning regulation of genetically engineered (GE) organisms. The groups argued the rule effectively abandoned fe...
This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan.
State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal sovereignty as tribes advocate for legislation that requires consultation on decisions impacting their lands, economy, and culture.
A district court granted summary judgment for environmental groups in a challenge to Wildlife Services' reauthorization of a predator damage and conflict management program in Montana under which grizzly bears may be killed. The groups argued the Services violated NEPA by failing to include critical...
A district court dismissed a trade group's lawsuit challenging NMFS' implementation of an amendment to the groundfish fishery management plan (FMP) that changed how the halibut bycatch limit is set for fisheries in the Bering Sea and Aleutian Islands. The group argued the amendment violated the Magn...
The Tenth Circuit, 2-1, reversed a district court ruling in a challenge to the Forest Service's approval of a 2020 management plan amendment for the Thunder Basin National Grassland in northeastern Wyoming. Conservation groups had argued the amendment failed to comply with the ESA and NEPA. The dist...
This Comment examines the potential impact of the demise of Chevron deference on the environment and the health of residents of communities disproportionately affected by “cumulative impacts.” It reviews the Chevron deference doctrine and the U.S. Supreme Court’s overturning of that well-established legal precedent, discusses the goal of environmental justice for all communities and how the U.S. Environmental Protection Agency (EPA) has sought to secure that goal in accordance with the environmental laws administered by EPA, and offers some conclusions.
On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental Justice, focusing on the environmental justice implications of “forever chemicals,” including per- and polyfluoroalkyl substances (PFAS). A panel of experts highlighted developments, challenges, and opportunities in this burgeoning area, and discussed research on the disproportionate exposure experienced by communities of color; the U.S.