Upstream Addicks and Barker (Texas) Flood-Control Reservoirs
The Court of Federal Claims held the U.S. government liable for the flooding of homes and businesses near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey. Property owners argued that the government improperly used their land to retain floodwaters during the hu...
Western Watersheds Project v. Bernhardt
A district court vacated grazing permits renewed by former Interior Secretary Ryan Zinke in response to a presidential pardon of a ranching company's prior criminal convictions. Environmental groups argued that Secretary's decision violated the APA and BLM regulations because it did not include the ...
Indigenous Environmental Network v. President Donald J. Trump
A district court denied a motion to dismiss a challenge to President Trump's issuance of a permit authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline. Environmental groups argued the permit's unilateral authorization of the pipeline conflicted with Cong...
Public Citizen, Inc. v. Trump
A district court denied public interest groups' motion for partial summary judgment in challenging an executive order that requires federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they had associational standing based on injuries that two of their membe...
The Case for a Legislated Market in Minimum Recycled Content for Plastics
The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled.
Should We Ban Single-Use Plastics?
Millions of tons of plastic enter the environment every year, killing wildlife, releasing toxins, clogging drains, and marring landscapes. Bans or restrictions on single-use plastics have exploded in popularity in recent years as a means of addressing these problems. Yet these bans remain controversial, with some businesses pushing back against what they consider excessive regulation and others maintaining that banning single-use plastics uses political capital that could be spent advancing more urgent and systemic agendas.
United States v. Exxon Mobil Corp.
The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries. The district court found that 29 of the subpoenas were enforceable, ...