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Extracting Environmental Harm From Deep Seabed Mining

The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.

The Business of Sustainability

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

Louisiana v. Haaland

A district court granted the state of Louisiana's and oil and gas companies' motions to preliminarily enjoin the Bureau of Ocean Energy Management's (BOEM's) withdrawal of six million acres from, and addition of a term to, an oil and gas lease sale on the outer continental shelf in the Gulf of Mexic...

Twin Metals Minnesota LLC v. United States

A district court dismissed a mining company's challenge to DOI's cancellation of two leases for a proposed copper and nickel mine in Superior National Forest. The company argued the cancellation violated the company's right to successive lease renewals and to be free from government action that is a...

Earth Island Institute v. Muldoon

The Ninth Circuit affirmed a district court's denial of a preliminary injunction to halt two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. An environmental group had argued NPS violated NEPA by approving the projects without conducting a full review of th...

American Petroleum Institute v. United States Department of Interior

The Tenth Circuit affirmed denial of a preliminary injunction in a challenge to the Office of Natural Resources Revenue's (ONRR's) 2016 rule changing how royalties were calculated for oil and natural gas produced on federal land. A trade group argued the rule was arbitrary and capricious, in violati...

“Sustainable” Fashion's True Colors: A Proposal for “Restyling” the FTC Green Guides

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.

Center for Biological Diversity v. U.S. Forest Service

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...

Eagle County, Colorado v. Surface Transportation Board

The D.C. Circuit granted in part and denied in part petitions to review a Surface Transportation Board order authorizing construction and operation of a new rail line in the Uinta Basin. Environmental groups and a Colorado county argued the Board failed to take a "hard look" at environmental impacts...

Western Watersheds Project v. United States Bureau of Land Management

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to BLM's 2020 decision to allow grazing in the Sonoran Desert National Monument. The groups argued the Bureau's amended resource management plan (RMP) violated FLPMA and the National ...