A district court denied advocacy groups' motion to preliminarily enjoin BLM's gather of wild horses in eastern Nevada. The groups argued BLM violated the Wild Free-Roaming Horses and Burros Act by not developing a herd management area plan, which resulted in an inhumane gather process; violated NEPA...
The Fourth Circuit vacated and remanded FWS' biological opinion and incidental take statement for a proposed natural gas pipeline from West Virginia to Virginia. Environmental groups argued FWS failed to adequately consider the pipeline's environmental context while analyzing impacts to the endanger...
Seventy phosphogypsum stacks are scattered throughout the United States, concentrated in low-wealth and Black, indigenous, and people of color communities. These radioactive waste heaps have a long history of failures, and present a substantial hazard and unreasonable risk of harm. The U.S. Environmental Protection Agency (EPA) should swiftly move to regulate these environmental and public health hazards. This Article examines the regulatory failures that have given rise to the proliferation of phosphogypsum stacks in vulnerable communities and sensitive environments in the United States.
This Article discusses how disparate environmental burdens can be addressed using environmental justice (EJ) screening tools. It identifies states that have developed state-specific EJ screening tools, analyzes these tools’ functions, and identifies strategies to overcome resistance to them. The authors conducted interviews with multiple stakeholder groups to understand how state-specific screening tools are used, and make a series of recommendations for states to follow as they proceed in their efforts to develop EJ screening tools.
The Washington Supreme Court upheld the Washington Department of Fish and Wildlife's issuance of a marine finfish aquaculture permit to allow a fish farmer to transition from farming Atlantic salmon to steelhead trout. Conservation groups argued the Department's conclusion that an EIS was not requir...
A district court granted environmental groups' motion for summary judgment in a challenge to FWS' 2019 determination that listing the Yellowstone bison as endangered or threatened under the ESA was not warranted. The groups argued the determination, among other things, failed to properly consider wh...