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Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement

The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.

What Goes Around Should Come Around: Extended Producer Responsibility for Textiles

As marketers across the fashion industry increasingly tout “circularity” initiatives, the reality remains that exponentially more clothes are being produced, purchased, and promptly thrown away than ever before. This Comment focuses on governmental responses to the environmental crisis created by textile waste that promote circularity in the fashion industry through extended producer responsibility (EPR) regulation of textiles.

Sheetz v. El Dorado, California, County of

The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...

DeVillier v. Texas

The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...

Kentucky v. Federal Highway Administration

A district court granted summary judgment for 21 states in a challenge to the Federal Highway Administration's (FHwA's) rule requiring each state to set declining targets for tailpipe carbon dioxide (CO2) emissions from vehicles on the National Highway System. The states argued requiring automobile ...

Texas v. United States Department of Transportation

A district court granted summary judgment for the state of Texas in a challenge to the Federal Highway Administration's (FHwA's) 2023 rule requiring states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway sys...

Pakootas v. Teck Cominco Metals, Ltd.

A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...

Lazy S Ranch Properties, LLC v. Valero Terminaling and Distribution Co.

The Tenth Circuit, 2-1, affirmed in part and reversed in part summary judgment for an oil and gas company in a lawsuit brought by a cattle ranch in Oklahoma. The ranch brought several tort claims, arguing the company's pipeline leaked and contaminated its property. A district court concluded the con...