Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.

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 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.

This abstract is adapted from Danielle Stokes, Renewable Energy Federalism, 106 Minn. L. Rev. 1757 (2022), and used with permission.

This abstract is adapted from Avi Zevin et al., Building a New Grid Without New Legislation: A Path to Revitalizing Federal Transmission Authorities, 48 Ecology L.Q. 169 (2021), and used with permission, and was discussed on a public webinar hosted by the Environmental Law Institute.

The European Union’s (EU’s) recent proposal for a new regulation on EV batteries is a groundbreaking effort, the first to focus on the entire value chain to improve product sustainability and safety throughout the life cycle. Battery producers inside and outside of the EU will have to meet a series of requirements, starting from carbon footprint declaration and related labeling to complying with life-cycle carbon footprint thresholds, for having their products placed in the EU market.