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North Cascades Conservation Council v. United States Forest Service

The Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service in a challenge to approval of a forest thinning project in Okanogan-Wenatchee National Forest. A conservation group argued the Service was required under NEPA to repeat the public comment process after a ...

Climate Action's Antitrust Paradox

An antitrust paradox lies at the heart of private-sector climate commitments. On the right, state attorneys general have warned that they may challenge these collaborations under antitrust laws. On the left, antitrust enforcers in the Biden Administration asserted that these actions will not receive preferential treatment even if they address societal ills that are not being addressed by governments. This Article asks what antitrust law is willing to consider: if prosocial goals are framed in terms of economic harms, should antitrust law view climate action as violating that standard?