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Inclusive Louisiana v. St. James Parish

The Fifth Circuit reversed a district court's dismissal of a discrimination challenge brought against St. James Parish in Louisiana. Two faith- and community-based groups argued the Parish had discriminated against them by directing hazardous industrial facility development toward majority-Black dis...

Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.

Wyoming v. United States Department of the Interior

A district court upheld in part and remanded in part DOI's decision to refrain from holding lease sales of federal land for oil and gas development during the second and third quarters of 2021 and the third and fourth quarters of 2022. Oil and gas industry groups challenged the lack of lease sales f...

Chevron's Demise and Environmental Justice

This Comment examines the potential impact of the demise of Chevron deference on the environment and the health of residents of communities disproportionately affected by “cumulative impacts.” It reviews the Chevron deference doctrine and the U.S. Supreme Court’s overturning of that well-established legal precedent, discusses the goal of environmental justice for all communities and how the U.S. Environmental Protection Agency (EPA) has sought to secure that goal in accordance with the environmental laws administered by EPA, and offers some conclusions.

The Environmental Justice Implications of PFAS

On June 13, 2024, the Environmental Law Institute and its Pro Bono Clearinghouse hosted the tenth installment of the continuing legal education series Community Lawyering for Environmental Justice, focusing on the environmental justice implications of “forever chemicals,” including per- and polyfluoroalkyl substances (PFAS). A panel of experts highlighted developments, challenges, and opportunities in this burgeoning area, and discussed research on the disproportionate exposure experienced by communities of color; the U.S.