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Columbia Riverkeeper v. United States Army Corp of Engineers
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Army Corps of Engineers' approval of permits for a methanol plant in southwestern Washington. The groups argued that the Corps' EA was insufficient, that the agency should have...
WildEarth Guardians v. Bernhardt
A district court denied a motion to vacate three oil and gas leases issued by BLM in southeastern New Mexico. An environmental group argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts of the leases and failing to sufficiently justify its decision not to prepare an...
Bair v. California Department of Transportation
The Ninth Circuit reversed a lower court ruling that the California Department of Transportation failed to adequately consider the environmental impacts of a proposed highway improvement project in a state park. Residents and environmental groups challenged the project on a variety of grounds, inclu...
Environmental Rights, Public Trust, and Public Nuisance: Addressing Climate Injustices Through State Climate Liability Litigation
This Article focuses on an area of rapidly evolving jurisprudence—climate liability litigation. It examines in depth the state attorney general’s complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies over whether federal courts or state courts should have jurisdiction, which in many respects is the “ballgame issue” for both plaintiffs and defendants.
Extreme Weather and Climate Change
People, businesses, cities, and states are increasingly burdened by extreme weather events. Drought, heat, wildfires, precipitation, hurricanes, and tornadoes are becoming more intense. Most analysts point toward an emerging trend: as the earth warms, extreme weather events are becoming more costly and more deadly, though some raise lingering uncertainties about linking climate change to specific types of weather or specific events.
Ohio Valley Environmental Coalition v. Caperton
A district court denied a motion to dismiss a challenge to the West Virginia Department of Environmental Protection's failure to notify the Office of Surface Mining Reclamation and Enforcement (OSMRE) of a significant change to the state's special reclamation fund. Environmental groups argued that t...