The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...
The D.C. Circuit denied environmental groups' challenge to FERC's authorization of a project to build two new natural gas pipelines in southwestern Louisiana. The groups argued FERC violated NEPA by failing to consider the project's effects on upstream greenhouse gas (GHG) emissions, failing to dete...
This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.
The Comment shows the importance of EJ and cumulative impact governance coming from municipalities by highlighting a specific case study that has worked: San Francisco.