The Ninth Circuit reversed a previous ruling that vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its w...
The United States currently does not have capacity to recycle its waste domestically, nor can it export the amount of waste it once did. Many states are trying to solve this crisis through novel legislation, but states cannot solve this crisis on their own. This Article argues that the federal government should take the lead in developing new law and policy designed to increase national recycling rates.
A district court granted a developer's motion to dismiss a challenge to the Army Corps of Engineers' decision to issue a CWA §404 permit for a proposed copper mine project in the Santa Rita Mountains. Environmental groups and Native American tribes argued that the Corps violated the CWA and NEPA wh...
This Article explores the relationship between state environmental citizen suit provisions and judicial standing requirements, and analyzes whether the introduction of citizen suits into state statutory law inspired increasingly strict state standing requirements, as occurred at the federal level. Specifically, it identifies how state judiciaries have interpreted standing and aggrievement in response to general, non-media-specific citizen suit provisions, both in the common law and in administrative law.
The Tenth Circuit affirmed dismissal of a lawsuit concerning a long-running water dispute between an Indian tribe and a private landowner in Utah. The tribe sued the landowner in tribal court, arguing the landowner had been diverting the tribe's water for years. The tribal court held it had subject ...