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Makah Indian Tribe v. Exxon Mobil Corp.
A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, a...
Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?
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.
Feed It to the Ocean: The Federal Approach to Decommissioning in Alaska Native Climate Adaptation Projects
This Article calls on the Council on Environmental Quality (CEQ) to issue guidance clarifying that concurrent decommissioning is a “connected action” under the National Environmental Policy Act for relocation, managed retreat, and protect-in-place projects aimed at replacing infrastructure in environmentally threatened Alaska Native communities.
G.B. v. United States Environmental Protection Agency
A district court granted EPA's and OMB's motion to dismiss a challenge brought by California youth against certain agency policies for allegedly undervaluing the lives of children in cost-benefit analyses and thus harming them by failing to resolve the climate crisis. The youth argued the policies v...