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...
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...
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.
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.
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.
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 denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...
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...