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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In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to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.

Advanced Biofuels Association v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and 2017 co...

Alliance for the Wild Rockies v. Savage

In an unpublished opinion, the Ninth Circuit affirmed in part and remanded in part a district court order that lifted an injunction on a logging project in the Kootenai National Forest. Environmental groups sought to enjoin the project again, arguing that the Forest Service's analysis of the project...