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Foster v. Washington Department of Ecology
A Washington court ordered the state's environmental agency to reconsider its denial of youths' petition asking the agency to adopt rulemaking to limit greenhouse gas (GHG) emissions in accordance with the best available science. The youths had also petitioned the agency to recommend to the state le...
Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
Kain v. Massachusetts Department of Environmental Protection,
A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (GWSA). The GWSA is a legislative scheme designed to address the effects of climate change in Massachusetts by prom...
Berkeley Hillside Preservation v. City of Berkeley
The California Supreme Court reversed a lower court decision that a developer's proposal to demolish an existing home and build a 10,000 square-foot single-family home on the lot may not be categorically exempt from environmental review under the California Environmental Quality Act (CEQA). After th...
Suction Dredge Mining Cases
A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...