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Texas v. United States Environmental Protection Agency
The Fifth Circuit granted in part and denied in part states' challenges to EPA's disapprovals of SIPs developed in response to the Agency's 2015 decision calling for SIPs to achieve a new ozone NAAQS. Texas, Louisiana, and Mississippi argued EPA's disapprovals of their SIPs were arbitrary and capric...
Prescribed Fire in Wilderness Areas in a Post-Chevron World
In order to manage California wilderness areas to preserve their natural and untrammeled character, as required by the Wilderness Act, federal land management agencies should adopt interpretations of the Act that allow prescribed burning and Indigenous cultural burning in areas where it existed pre-colonialism.
Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?
This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.