Conservation Rights-of-Way on Public Lands
This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.
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Making Net Zero Matter
This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.
Arbitrariness Review and Climate Change
This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.
Couser v. Shelby, Iowa, County of
A district court granted a pipeline company's motion to preliminarily enjoin enforcement of an Iowa county zoning ordinance promulgated in response to the company's proposed carbon dioxide pipeline. The company argued the ordinance was preempted by the federal Pipeline Safety Act and by Iowa Code §...
El Puente v. U.S. Army Corps of Engineers
A district court denied summary judgment for environmental groups in their challenge to the Army Corps of Engineers' approval of a navigation improvement project in San Juan Harbor in Puerto Rico. The groups sued the Corps, NMFS, and FWS, arguing they violated the ESA, NEPA, and the CWA. With respec...
Fore River Residents Against the Compressor Station v. Federal Energy Regulatory Commission
The D.C. Circuit dismissed for lack of jurisdiction a challenge to two FERC orders approving construction and operation of a natural gas compressor station in Massachusetts. Residents, municipalities, and an environmental group petitioned for review of the orders—one granting the station owner's r...
American Forest Resource Council v. United States
The D.C. Circuit reversed summary judgment for Oregon counties, trade groups, and timber companies in five lawsuits concerning President Obama's expansion of the Cascade-Siskiyou National Monument. Plaintiffs argued that by outlawing logging on land included in the monument through Proclamation 9564...
Mountain Valley Pipeline, LLC v. Wilderness Society
In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...
The Dangers of Underscoping Risk
In 4°C, Ruhl and Craig effectively argue that governance measures, particularly adaptation planning, will fall short if institutions fail to embrace the real possibility that the planet will blow well past 2° Celsius (°C) above pre-industrial temperatures. Further, they argue that 4°C is a better target for adaptation planning because this metric better captures the future risk the nation faces. Ruhl and Craig are keenly aware that serious talk of a possible 4°C future will almost certainly trigger accusations of “doomism” from various critics.
Anticipating and Preparing for Climate Change
In 4°C, Ruhl and Craig acknowledge that the Earth’s climate is changing at an increasingly rapid rate, outside the range to which society has adapted in the past. Realistically, achieving the goal set in the 2015 Paris Agreement of limiting global warming to 1.5°C will be almost unattainable without drastic actions to reduce greenhouse gas emissions.