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Climate Refugees in the Pacific
It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the Pacific Island nations. Scientists predict that climate change will cause the forced displacement of people; desertification; protracted destructive wildfires; sea-level rise; ocean acidification; extreme weather events; and severe drought, which then impacts the supply of food.
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency
The Second Circuit granted in part and denied in part a challenge to provisions of EPA's Mercury Reporting Rule that exempted certain manufacturers of mercury or mercury-added products from reporting requirements. An environmental group and the state of Vermont argued that three provisions of the ru...
National Family Farm Coalition v. U.S. Environmental Protection Agency
The Ninth Circuit vacated EPA's 2018 decision to conditionally register three dicamba-based herbicides designed to be sprayed on genetically engineered soybeans and cotton. Nonprofit groups argued the decision violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court found ...
Gutierrez v. Johnson & Johnson Consumer, Inc.
A district court dismissed with leave to amend a class-action challenge to a medical device company for selling talcum products in California. Plaintiffs argued the company violated California consumer protection laws by failing to warn them of carcinogenic ingredients in their products and engaging...
Natural Resources Defense Council, Inc.
The Ninth Circuit ordered EPA to respond to a petition requesting that the Agency end the use of the pesticide tetrachlorvinphos (TCVP) in household pet products. An environmental group submitted an administrative petition to cancel the registration of TCVP in 2009, following a peer-reviewed study t...
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.
CITGO Asphalt Refining Co. v. Frescati
The U.S. Supreme Court upheld an appellate court ruling that an oil refining company was responsible for $140 million in damages from a 2004 oil spill in the Delaware River. The owner of the vessel involved in the spill argued that the company it chartered to deliver crude oil from Venezuela to the ...
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