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Northwest Environmental Advocates v. United States Environmental Protection Agency
A district court vacated EPA's denial of an environmental group's petition to issue new and revised water quality standards for the state of Washington. The group argued that EPA acted arbitrarily and capriciously in denying its petition, and sought to have the denial vacated and the petition remand...
Texas v. Biden
A district court dismissed as moot a lawsuit seeking to reinstate a permit for the Keystone XL oil pipeline to cross the U.S.-Canada border. Twenty-three states challenged the president's authority to revoke the permit, arguing the permitting decision concerned only international and interstate comm...
Food & Water Watch v. U.S. Environmental Protection Agency
The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal feeding operations (CAFOs) in Idaho. Environmental groups challenged the permit, arguing it lacked sufficient monitoring provisions to ensure compliance with its discharge limitations. The court found that t...
The Constitutional Right to Save the Environment
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing climate change in the rest of the world.