A district court denied summary judgment for nonprofit groups in a challenge to FWS' authorization of permits to import Sub-Saharan African leopard trophies from overseas sport hunting in Tanzania, Zambia, and Zimbabwe. The groups argued FWS violated the APA by making unsubstantiated non-detriment f...
The Second Circuit affirmed a district court order remanding to state court a climate liability lawsuit against an oil and gas company. The state of Connecticut initially sued the company in state court, alleging it engaged in a decades-long campaign of knowingly misleading and deceiving Connecticut...
A district court granted summary judgment for environmental groups in a challenge to FWS' 12-month finding and determination that the eastern hellbender did not warrant listing as a threatened or endangered species under the ESA. The groups argued FWS failed to articulate a rational and legal basis ...
The Ninth Circuit granted in part and denied in part a petition to review FERC orders that altered which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. An industry group and several environmental groups argued the orde...
The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid.
Since 2017, 115 North Atlantic right whales (NARWs) have been documented dead, seriously injured, or sporting sublethal injuries and illnesses. Scientists refer to this phenomenon as an unusual mortality event, and assert that entanglement and vessel strikes are the leading causes. Fewer than 350 NARWs remain, and it is estimated that only one-third of their deaths are documented. Experts claim that only “quick and decisive action from humans” can ensure the species’ survival. Some proposed regulations will affect where and how the relevant fisheries are able to operate.
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...
A district court granted in part summary judgment for an environmental group in a challenge to EPA's issuance of recommended water quality criteria for cadmium in 2016. The group argued EPA violated the ESA by failing to consult with expert agencies before issuing the recommended criteria. The Agenc...
A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...
A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to ...