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Massachusetts Lobstermen's Ass'n v. Ross

The D.C. Circuit affirmed a district court decision that upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts Marine National Monument off the New England coast. Commercial fishing associations argued the monument exceeded the president's authority under the Antiq...

Friends of the Rapid River v. Probert

A district court denied environmental groups' motion for summary judgment in a lawsuit concerning the Forest Service's plan for harvesting timber on 2,500 acres in the Nez Perce-Clearwater National Forest. The groups argued that the Service exceeded its statutory authority under the Healthy Forest R...

Nestlé Waters North America, Inc. v. Osceola, Township of

In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land. The lower court had concluded that the company's proposed pumping stat...

American Forest Resource Council v. Hammond

A district court granted summary judgment to timber industry groups in a challenge to President Obama's designation of approximately 40,000 acres of federal timber land (O&C land) as part of the Cascade-Siskiyou National Monument. The groups argued that the proclamation violated the Oregon and C...

The Clean Air Act, Pigouvian Pricing, and Climate Governance

Two carbon pricing bills were introduced during the 115th Congress. Reps. Carlos Curbelo (R-Fla.) and Brian Fitzpatrick (R-Pa.) introduced the MARKET CHOICE Act during the summer of 2018. Reps. Ted Deutsch (D-Fla.) and Francis Rooney (R-Fla.) introduced the Energy Innovation and Carbon Dividend Act (Energy Innovation Act) in November 2018, and reintroduced it early in the 116th Congress, where it presently has more than 65 cosponsors. By different methods and with different comprehensiveness, both of these bills place a Pigouvian tax on greenhouse gas (GHG) emissions.