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Menominee Indian Tribe of Wisconsin v. Environmental Protection Agency
The Seventh Circuit affirmed dismissal of a challenge to the Michigan Department of Environmental Quality's approval of a CWA §404 permit for a proposed mine along the Menominee River. A Native American tribe argued that EPA and the Corps should have exercised authority over the permit because circ...
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.
Advisory Opinion to the Attorney General re Right to Competitive Energy Market For Customers of Investor-Owned Utilities; Allowing Energy Choice
In an advisory opinion to Florida's attorney general, the Florida high court concluded that a proposed initiative to amend the Florida Constitution to restructure the state's electricity markets should not be placed on the ballot. The attorney general argued that the initiative's title and summary f...
Louisiana v. United States
The Fifth Circuit held that the U.S. Army Corps of Engineers had not waived its sovereign immunity from Louisiana's lawsuit alleging that the Corps failed to maintain the Gulf Intracoastal Waterway within authorized parameters under the River and Harbor Improvements Act (RHIA). Louisiana argued that...