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Iowa v. Council on Environmental Quality
A district court granted summary judgment for a number of states in a challenge to a 2024 CEQ rule that revised regulations for implementing the procedural provisions of NEPA, including amendments in the Fiscal Responsibility Act. The states argued the rule violated NEPA and the APA by exceeding CEQ...
Daniels v. Executive Director of the Florida Fish and Wildlife Conservation Commission
The Eleventh Circuit affirmed summary judgment for Florida's Fish and Wildlife Conservation Commission (FWC) in a challenge to regulations promulgated by the Commission that restricted where and how Florida-registered fishing vessels could harvest Florida pompano in federal waters in the Gulf of Mex...
South Carolina Coastal Conservation League v. United States Army Corps of Engineers
The Fourth Circuit affirmed a district court's denial of a motion to temporarily enjoin construction on a real estate development project in South Carolina. Environmental groups argued the CWA §404 permit issued for the project violated the ESA by using a habitat surrogate to set the level of antic...
Delmarva Fisheries Ass'n, Inc. v. Atlantic States Marine Fisheries Commission
The Fourth Circuit vacated a district court order that denied a motion to preliminarily enjoin the Atlantic States Marine Fisheries Commission's recommended fishery management plan (FMP) for striped bass. A trade group, a group of charter boat captains, and two individuals operating in Maryland sued...
Spraying the Skies: Stratospheric Aerosol Injection and Human Rights
Little has been said on how the just transition to a decarbonized world relates to the human right, recently recognized by the United Nations General Assembly, to a clean, healthy, and sustainable environment. This Article explores this relationship and how to build a framework that guides current and future climate change endeavors. It argues that the human right’s substantive and procedural content must incorporate just transition claims, which would help resolve whether and how to advocate for specific climate measures.
Dispelling the Myths of Permitting Reform and Identifying Effective Pathways Forward
Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers assume that federal reviews and permitting cause most project delays and failures. Third, there is a widespread belief that environmental laws are routinely weaponized against new infrastructure through obstructive litigation. Fourth, critics assert that environmental procedures and standards must be sacrificed to enable timely climate action.