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Citizens for a Healthy Community v. United States Bureau of Land Management

A district court enjoined approved permits and suspended applications for new permits for oil and gas development in Colorado until BLM completes its analysis of reasonably foreseeable indirect impacts. In a previous ruling, the court concluded that BLM had failed to sufficiently explain the scope o...

The Clean Air Act, Pigouvian Pricing, and Climate Governance

Two carbon pricing bills were introduced during the 115th Congress. Reps. Carlos Curbelo (R-Fla.) and Brian Fitzpatrick (R-Pa.) introduced the MARKET CHOICE Act during the summer of 2018. Reps. Ted Deutsch (D-Fla.) and Francis Rooney (R-Fla.) introduced the Energy Innovation and Carbon Dividend Act (Energy Innovation Act) in November 2018, and reintroduced it early in the 116th Congress, where it presently has more than 65 cosponsors. By different methods and with different comprehensiveness, both of these bills place a Pigouvian tax on greenhouse gas (GHG) emissions.

National Parks Conservation Association v. Semonite

A district court upheld the U.S. Army Corps of Engineers' approval of a permit for an already-constructed 17-mile transmission line after the D.C. Circuit found that the Corps had failed to prepare an EIS for the line in violation of NEPA. The court found that vacatur was not appropriate because rev...

WildEarth Guardians v. Bernhardt

A district court enjoined the expansion of an underground coal mine into a roadless area in the Gunnison National Forest. Environmental groups argued that OSM's approval of the expansion violated NEPA by failing to consider methane flaring as an alternative. The court found that OSM was required to ...

Advanced Biofuels Association v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and 2017 co...

United States v. Ameren Missouri

A district court granted in part a motion to stay its previous order requiring an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri, and to install air pollution control technology at a neighboring plant in Labadie, Missouri. ...

California v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to reconsider greenhouse gas emission standards for model year 2022-2025 vehicles. States and environmental groups argued that EPA violated procedural and substantive requirements imposed by the CAA and that the decision was arbitrary and capricious. The Agency...