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A Game Changer in the Making? Lessons From States Advancing Environmental Justice Through Mapping and Cumulative Impact Strategies

This Article focuses on lessons learned from state practice in environmental justice (EJ) mapping and screening, and their relationship to the central issue of cumulative impacts—the reality that EJ communities typically suffer from a concentration of pollution sources and negative land uses as well as health and social vulnerabilities. These lessons are based on work in California and the development, use, and impact of the California Environmental Protection Agency’s CalEnviroScreen tool; the Article also examines the U.S.

Commercial Spaceports: A New Frontier of Infrastructure Law

While a “spaceport” may sound like a concept mostly confined to science fiction, several commercial spaceports are in operation in the United States and abroad, and more are being developed. As the name suggests, spaceports, or commercial space launch sites, are used to conduct launch and reentry operations to and from space, such as launching satellites into orbit or sending space tourists to the edge of space and back.

Center for Biological Diversity v. Bernhardt

A district court dismissed a challenge to FWS' development of guidelines implementing its species status assessments (SSA) program under the ESA. An environmental group argued that the Service failed to provide public notice and an opportunity for comment on the guidelines, thus depriving the group ...

Public Employees for Environmental Responsibility v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' decision to delist the threatened Louisiana black bear under the ESA. Individuals and nonprofit groups challenged the Service's conclusions in its decision that the bear was recovered and no longer met the definition of a threatened...

Jam v. International Finance Corp.

A district court held an international development bank that financed construction of a coal-fired power plant in India was immune from a suit brought by a group of Indian villagers claiming the plant polluted surrounding air, land, and water. The bank argued that the group could not sue it in feder...

Center for Biological Diversity v. United States Fish and Wildlife Service

A district court held that FWS must reconsider its approval of a proposed open-pit copper mine in the Coronado National Forest. An environmental group argued the agency improperly used a heightened standard of review when it determined the mine was unlikely to result in destruction or adverse modifi...

Downstream Addicks and Barker (Texas) Flood-Control Reservoirs

The Court of Federal Claims held that the U.S. government was not liable for the flooding of homes near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners downstream of the dams argued that the government flooded their lands by opening the dams' ...