The Ninth Circuit reversed a district court's dismissal of an industry group's challenge to the city of Berkeley's natural gas hookup ban. The group argued the federal Energy Policy and Conservation Act (EPCA) preempted the ban, which enacted a building code prohibiting installation of natural gas p...
The Hawaii Supreme Court affirmed the Public Utility Commission's (PUC's) decision denying an energy company's request to supply energy to Hawaii Island using a biomass power plant. The company appealed, arguing the PUC misunderstood its mandate and held it to an unfair standard. The court disagreed...
A district court denied environmental groups' motion for summary judgment in a challenge to BLM's 2020 rule that eliminated the 15-day protest process for timber sales and clarified that an authorizing officer can implement forest management decisions immediately. The groups argued BLM violated the ...
The Eighth Circuit affirmed a district court ruling granting the state of Minnesota's motion to remand to state court a climate liability lawsuit alleging that fossil fuel producers fraudulently marketed their products and misinformed customers about the dangers of fossil fuel use. Minnesota sued th...
This Article explores the environmental justice, climate justice, and sustainable development implications of the recently enacted Inflation Reduction Act, which encourages domestically produced and processed minerals for the country’s energy transition from fossil fuels.
As noted by the International Energy Agency, taxation is a necessary component of strategies to increase adoption of electric vehicle (EV) technology. In the United States, taxation has supported the energy policy of increased uptake of EVs. This Article focuses on the evolving U.S. tax policy, highlighting the 2022 Inflation Reduction Act. It addresses continuing challenges and ways to meet those challenges, including examining some European policies for encouraging EVs. The author concludes by recommending policies that may be consistent with existing U.S.
The Ninth Circuit reversed in part and vacated in part a district court's decision in a challenge to the Federal Subsistence Board's 2020 approval of two short-term changes to hunting practices on federal land in Alaska—the opening of an emergency deer and moose hunt for a federally recognized tri...
A district court granted summary judgment for DOI in a federally recognized tribe's challenge to the agency's refusal to take land into trust for a casino. The tribe argued DOI misinterpreted the Michigan Indian Land Claims Settlement Act (Michigan Act), and that its refusal violated the APA. The co...
The D.C. Circuit, 2-1, denied electric utility companies' challenge to FERC's order granting a solar company's application for certification of its solar array and battery storage facility in Montana as a qualifying facility under the Public Utility Regulatory Policies Act (PURPA). The companies arg...