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NEPA’s Trajectory: Our Waning Environmental Charter From Nixon to Trump?
Heralded in 1970 as the nation’s environmental Magna Carta, the National Environmental Policy Act’s (NEPA’s) luster seems faded and its future uncertain. While Trump Administration initiatives threaten to diminish further and perhaps even dismantle aspects of NEPA, this Article chronicles how the current assault merely continues NEPA’s unfortunate trajectory, examining how the courts, the U.S. Congress, and the executive branch each have whittled away at the Act. NEPA consequently sits at a critical juncture: it could soon fade away or it could hew back toward its original promise.
Gulf South Pipeline Co., LP v. Federal Energy Regulatory Commission
The D.C. Circuit vacated FERC's refusal to allow a natural gas pipeline company to impose incremental-plus rates to cover the costs of an expansion project. The company argued that FERC should have approved the incremental-plus rates and that its failure to do so was arbitrary and capricious. The co...
Joint Application of Westar Energy, Inc. and Kansas Gas and Electric Co.
The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued that ...
Association of Irritated Residents v. California Department of Conservation
In an unpublished opinion, a California appellate court affirmed dismissal of a challenge to the Division of Oil, Gas, and Geothermal Resources' issuance of 213 permits to drill new oil wells in a California oil field. Environmental groups argued the Division failed to comply with the California Env...
Communities for a Better Environment v. South Coast Air Quality Management District
A California appellate court affirmed dismissal of a challenge to the South Coast Air Quality Management District's determination that an oil refinery project would reduce air pollution. An environmental group first argued the environmental impact report (EIR) was inadequate under the California Env...
Bark v. United States Forest Service
In an unpublished opinion, the Ninth Circuit held that the U.S. Forest Service's decision not to prepare an EIS for a tree-thinning project in Mount Hood National Forest was arbitrary and capricious. A district court concluded that the Service's decision was lawful and thus granted summary judgment ...