Bonin v. Sabine River Authority
The Fifth Circuit, 2-1, affirmed a district court ruling that denied the Sabine River Authority (SRA)-Louisiana's motion to dismiss a lawsuit concerning its release of water from a reservoir on the Sabine River between Texas and Louisiana. Property owners in both states argued that SRA-Louisiana and...
Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court denied environmental groups' motions to preliminarily enjoin construction on an oil project in Alaska's National Petroleum Reserve. One of the groups argued BLM violated NEPA and the Naval Petroleum Reserves Production Act (NPRPA) by failing to consider a reasonable range of alterna...
Los Angeles, City of v. Federal Aviation Administration
The Ninth Circuit, 2-1, granted in part and denied in part a city's petition for review of FAA's issuance of an EIS and record of decision allowing a Los Angeles airport to begin construction on a replacement terminal. The city challenged FAA's compliance with NEPA's requirement that an EIS include ...
Louisiana v. Biden
The Fifth Circuit dismissed Louisiana's challenge to the Biden Administration's interim estimates on the social cost of greenhouse gas emissions. Louisiana initially sought to preliminarily enjoin the interim estimates from being used, arguing they were procedurally invalid, arbitrary and capricious...
Wilkins v. United States
The U.S. Supreme Court held, 6-3, that Montana landowners' challenge to an easement allowing public access to a road running through their property was not time barred. The landowners sued over the scope of the easement under the Quiet Title Act (QTA), arguing the road's public use intruded on their...
Regulating Biological Contamination at the Final Frontier
A robust and growing commercial space sector is moving ahead at warp speed. While the industry today primarily offers satellite and launch services, tomorrow will bring manufacturing, research and development, resource extraction, and space tourism. What do these developments mean for the earth’s biosphere, as well as for the environments of other celestial bodies finally within humanity’s reach? This is the role of planetary protection, the principle of safeguarding both terrestrial and extraterrestrial environments from humanity’s propensity for introducing pollution into any habitat.
Environmental Justice and the Transition From Fossil Fuels to Renewable Energy
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.
Driving Transformation: Tax Strategies for Electrifying Light-Duty Transportation
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.
Protecting Nuclear Power Plants During War: Implications From Ukraine
Prior to Russia’s invasion of Ukraine, the direct targeting of nuclear power plants (NPP) was largely unimaginable in armed conflict. International humanitarian law (IHL) requires their protection, but since February 2022, Russia has directly targeted nuclear facilities, including the nonoperational Chornobyl NPP and the operational Zaporizhzhia NPP. This Article documents how NPPs in Ukraine have come under direct attack, been occupied, and used for military purposes.