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Brexit and Environmental Law

The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific environmental laws and regulations that are more attuned to issues facing the country. Others believe the departure could lead to deregulation, a lack of consistency and stability, and potential decreases in advances made.

Annual Review of Chinese Environmental Law Developments: 2019

The Communist Party of China (CPC) reaffirmed its emphasis on environmental protection in a decision adopted by the fourth plenum of its 19th Central Committee, held in December 2019.1 Part 10 of this decision specifically addresses environmental protection under the topic of Developing a System of Rules for Ecological Civilization, and consists of an introductory paragraph and four additional paragraphs calling for (1) the most stringent legal rules for environmental protection, (2) rules on the efficient use of resources, (3) rules on ecological protection and restoration, and (4) ru

BNSF Railway Co. v. Clark County

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...

American Wild Horse Campaign v. Bernhardt

A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land use plan that determined the area would not be managed for wild ho...

Massachusetts Lobstermen's Ass'n v. Ross

The D.C. Circuit affirmed a district court decision that upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts Marine National Monument off the New England coast. Commercial fishing associations argued the monument exceeded the president's authority under the Antiq...

Friends of the Rapid River v. Probert

A district court denied environmental groups' motion for summary judgment in a lawsuit concerning the Forest Service's plan for harvesting timber on 2,500 acres in the Nez Perce-Clearwater National Forest. The groups argued that the Service exceeded its statutory authority under the Healthy Forest R...

American Forest Resource Council v. Hammond

A district court granted summary judgment to timber industry groups in a challenge to President Obama's designation of approximately 40,000 acres of federal timber land (O&C land) as part of the Cascade-Siskiyou National Monument. The groups argued that the proclamation violated the Oregon and C...