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Chernaik v. Brown

An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change. Plaintiff children had sought declaratory relief for the state's failure to take sufficient steps to protect its public trust resources fr...

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency

A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant to the Act's citizen suit provision, that EPA and the U.S. Army...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups argued that the Corps improperly incorporated the state's condit...