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Chevron's Demise and Environmental Justice

This Comment examines the potential impact of the demise of Chevron deference on the environment and the health of residents of communities disproportionately affected by “cumulative impacts.” It reviews the Chevron deference doctrine and the U.S. Supreme Court’s overturning of that well-established legal precedent, discusses the goal of environmental justice for all communities and how the U.S. Environmental Protection Agency (EPA) has sought to secure that goal in accordance with the environmental laws administered by EPA, and offers some conclusions.

The Environmental Justice Implications of PFAS

On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental Justice, focusing on the environmental justice implications of “forever chemicals,” including per- and polyfluoroalkyl substances (PFAS). A panel of experts highlighted developments, challenges, and opportunities in this burgeoning area, and discussed research on the disproportionate exposure experienced by communities of color; the U.S.

Colorado Conservation Alliance v. U.S. Fish and Wildlife Service

A district court granted Colorado parks and wildlife agencies' motion to dismiss a lawsuit challenging the reintroduction of gray wolves in the state. A conservation group argued the agencies violated NEPA by failing to conduct or complete the environmental review process required for wolf introduct...

Center for Biological Diversity v. Culver

A district court granted in part and denied in part summary judgment in environmental groups' challenge to BLM's approval of land management plans designating route networks for off-highway vehicles (OHVs) in the western Mojave Desert. The groups argued the 2019 OHV route network violated FLPMA, NEP...

Bear Warriors United, Inc. v. Hamilton

A district court denied the Florida Department of Environmental Protection's (FDEP's) motion to dismiss a lawsuit concerning its alleged failure to appropriately regulate sewage discharge into a northern part of the Indian River Lagoon. A nonprofit group argued FDEP's insufficient regulation led to ...

Association of American Railroads v. Randolph

A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...

Alaska v. National Marine Fisheries Service

A district court granted the state of Alaska's request to set aside and enjoin NMFS' final rules designating critical habitat for the Beringia distinct population segment of the bearded seal and for the Arctic ringed seal. The state argued NMFS violated the ESA by failing to designate specific areas...

Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance.

Federal Authority to Address Plastic Pollution

Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.

North Dakota v. United States Department of Interior

A district court granted five states' motion to preliminarily enjoin BLM from implementing its 2024 rule that requires oil and gas operators to flare rather than vent excess methane gas to prevent waste and conserve resources. North Dakota, Montana, Texas, Wyoming, and Utah argued the rule exceeded ...