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Rhode Island v. Shell Oil Products, Co., L.L.C.
The First Circuit again affirmed a district court order that remanded to state court Rhode Island's climate change lawsuit against oil companies. The district court concluded that none of the companies' grounds for removal—federal officer, federal question, Outer Continental Shelf Lands Act, admir...
Louisiana v. Biden
In an emergency order, the U.S. Supreme Court denied several states' application to vacate the Fifth Circuit's stay of a district court ruling that had enjoined federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions.
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West Virginia v. Environmental Protection Agency: The Agency's Climate Authority
On February 28, 2022, the U.S. Supreme Court heard oral arguments for the landmark West Virginia v. EPA case, involving the scope of powers delegated to the U.S. Environmental Protection Agency (EPA) through the Clean Air Act. The Court’s decision will affect administrative law, and could have major consequences for environmental law, particularly the Agency’s power to regulate greenhouse gas emissions and take action on climate change.
Allen, Jr. v. Environmental Restoration, LLC
The Tenth Circuit reversed a district court's denial of a motion to dismiss a CWA citizen suit concerning the release of contaminated water from an inactive gold mine in Colorado. Nearby farmers filed suit in a New Mexico district court, alleging several state-law claims. A hazardous waste managemen...
Blackstone Headwaters Coalition v. Gallo Builders, Inc.
In an en banc decision, the First Circuit affirmed in part and reversed in part summary judgment for an environmental group in a CWA citizen suit against developers of a construction site in Massachusetts. The group argued the developers violated the CWA by failing to comply with the construction ge...