The Ninth Circuit, 2-1, denied environmental groups' petition to review the Bonneville Power Administration's (BPA's) decision setting power rates for the 2022-2023 fiscal period. The groups argued BPA violated the Northwest Power Act (NWPA) by setting rates that failed to comply with its duty to pr...
The Sixth Circuit affirmed dismissal of a lawsuit concerning a dam collapse in Michigan. Property owners who live downstream of the dam argued the U.S. government negligently entrusted operation of the dam to an unfit operator. A district court held the government was entitled to sovereign immunity ...
This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen
Plastic pollution is a global environmental problem with a disproportionate impact on marginalized communities and other vulnerable groups. On June 27, 2023, the Environmental Law Institute (ELI), ELI’s Women in Environmental Law & Leadership initiative, the Monterey Bay Aquarium, and WilmerHale co-hosted a panel of experts who explored the environmental justice implications of continued production and disposal of plastics, and addressed key domestic and international policy efforts.
The Ninth Circuit affirmed denial of fishing rights to the Lummi Nation in a long-running dispute over rights in certain waters in northern Washington. The Swinomish Indian Tribal Community, the Tulalip Tribes, and the Upper Skagit Indian Tribe argued that the recognized fishing rights of the Lummi ...
The Ninth Circuit granted in part and denied in part a petition to review FERC orders that altered which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. An industry group and several environmental groups argued the orde...
The fashion industry continues to grow exponentially, along with marketers’ use of false and misleading claims about “sustainability” and other environmental attributes of fashion garments. This Article explores recent instances of greenwashing in the industry and other countries’ efforts to address the issue, and proposes specific ways that the Federal Trade Commission (FTC) should improve its guidelines for environmental marketing claims and expand enforcement.
The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid.
James O. “Jim” McDonald was the first director of enforcement in the U.S. Environmental Protection Agency’s (EPA’s) Midwest regional office. His privately published autobiography, Holes in My Shoes: Tales of Growing Up in the Great Depression, provides a candid account of his impoverished childhood and his memorable experiences as a soldier, student, journalist, amateur athlete, and public health official.