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Citizens Climate Lobby v. California Air Resources Board

A California court rejected a challenge to the emissions offset component of California's greenhouse gas (GHG) cap-and-trade program promulgated by the California Air Resources Board (CARB) under the Global Warming Solutions Act of 2006. Under the program, all offsets must be additional, meaning tha...

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary, it likely is necessary. Yet, the degree of compartmentalization appears to have so divided management of this resource that damage has been done to both sides. Opportunities exist for cooperation, coordination, and a more holistic perspective on water management with little or even no change in law.

Westlands Water District v. United States

The Court of Federal Claims dismissed a water district's breach of contract claims against the United States for failing to provide water drainage facilities and services. The district argued that the contracts it entered into with the government expressly obligated the government to provide drainag...

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct discharges into state waters, but ammonia and other pollutants may ente...

Sierra Club v. Tahoe Regional Planning Agency

A district court, in a 114-page opinion, held that a regional planning agency violated the California Environmental Quality Act when it approved the expansion of a ski resort near Lake Tahoe. The evidence fails to support the agency's finding that a reduced alternative was not economically infeasibl...