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Analyzing West Virginia v. Environmental Protection Agency

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly.

Conservation Law Foundation, Inc. v. Shell Oil Co.

A district court granted in part and denied in part an oil company's motion to dismiss a CWA and RCRA citizen suit brought by an environmental group. The group alleged 14 counts against the company, arguing it violated the CWA and RCRA by failing to prepare its bulk storage and fuel terminal in New ...

Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission

The New Mexico Supreme Court overturned regulations promulgated by the State Game Commission in 2017 that outlined a process for landowners to obtain a certificate allowing them to close public access to segments of public water flowing over private property. Outdoor recreation advocates challenged ...

Rising Tides-Toward a Federal Climate Resilience Fund

Climate impacts in the United States disproportionately fall on low-income communities and communities of color. As the costs of climate adaptation mount, municipalities and states have brought litigation against fossil fuel companies to recover for extensive damage caused by climate change. Drawing on lessons from previous tobacco and asbestos suits, this Article argues that damages litigation—while properly heard in state courts—has significant shortcomings as an equitable climate change adaptation strategy.

State Protections of Nonfederal Waters: Turbidity Continues

This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.

Hoboken v. Chevron Corp.

The Third Circuit affirmed two district courts' orders remanding back to start court two climate liability suits bought against oil companies. Delaware and the city of Hoboken sued the companies in state court for state-law torts. The companies removed the suits to federal court, arguing removal was...

Honolulu, City & County of v. Sunoco LP

The Ninth Circuit affirmed a district court order remanding to state court two climate liability suits against numerous oil and gas companies. The city and county of Honolulu and the county of Maui sued in state court, arguing the companies knew about climate change, understood the harms that energy...

West Virginia v. Environmental Protection Agency

The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...