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Resisting Regulatory Rollback in the Trump Era: The Case for Preserving CZMA Consistency

On March 11, 2019, the National Oceanic and Atmospheric Administration published an advance notice of proposed rulemaking to amend regulations that implement the Coastal Zone Management Act’s (CZMA’s) consistency requirement. This Article places the notice in context, focusing on the CZMA’s role in state review of offshore oil and gas development and its evolution to provide a predictable framework that balances coastal state interests with the nation’s energy needs.

Native Village of Nuiqsut v. Bureau of Land Management

A district court denied a request to invalidate BLM's approval of exploratory drilling in the National Petroleum Reserve-Alaska (NPR-A). Environmental groups and a Native village first argued that BLM's EA failed to account for significant impacts to caribou and subsistence activities, in violation ...

Idaho Conservation League v. U.S. Forest Service

A district court granted in part and denied in part a motion for summary judgment in a challenge to the U.S. Forest Service's approval of a mining company's permit to explore for gold in the Caribou-Targhee National Forest. Environmental groups first argued that the Forest Service violated NEPA by f...

Center for Biological Diversity v. Ross

A district court vacated exempted fishing permits issued by NMFS that allowed two vessels to engage in commercial longline fishing in federal waters off the coast of California for two years. Environmental groups contended that the permits threatened the survival and recovery of Pacific leatherback ...

The Case for a Legislated Market in Minimum Recycled Content for Plastics

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled.

Citizens for a Healthy Community v. United States Bureau of Land Management

A district court enjoined approved permits and suspended applications for new permits for oil and gas development in Colorado until BLM completes its analysis of reasonably foreseeable indirect impacts. In a previous ruling, the court concluded that BLM had failed to sufficiently explain the scope o...