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Driving Transformation: Tax Strategies for Electrifying Light-Duty Transportation

As noted by the International Energy Agency, taxation is a necessary component of strategies to increase adoption of electric vehicle (EV) technology. In the United States, taxation has supported the energy policy of increased uptake of EVs. This Article focuses on the evolving U.S. tax policy, highlighting the 2022 Inflation Reduction Act. It addresses continuing challenges and ways to meet those challenges, including examining some European policies for encouraging EVs. The author concludes by recommending policies that may be consistent with existing U.S.

Protecting Nuclear Power Plants During War: Implications From Ukraine

Prior to Russia’s invasion of Ukraine, the direct targeting of nuclear power plants (NPP) was largely unimaginable in armed conflict. International humanitarian law (IHL) requires their protection, but since February 2022, Russia has directly targeted nuclear facilities, including the nonoperational Chornobyl NPP and the operational Zaporizhzhia NPP. This Article documents how NPPs in Ukraine have come under direct attack, been occupied, and used for military purposes.

Commonwealth of Kentucky v. United States Environmental Protection Agency

A district court denied conservation groups' motion to intervene in a lawsuit concerning EPA's and the Army Corps of Engineers' rule defining the scope of the CWA. The groups sought intervention as of right, arguing they had "a significant, protectable interest" because they represent those who use ...

Fond Du Lac Band of Lake Superior Chippewa v. Cummins

A district court denied a mining company's motion to dismiss an Indian tribe's challenge to a land exchange between the company and the Forest Service. The tribe argued that the land exchange implicated its sovereign interests, including a right under an 1854 treaty to use the land for hunting, fish...

Energy Michigan, Inc. v. Scripps

A district court dismissed a challenge to the Michigan Public Service Commission's 2017 and 2018 orders requiring electricity suppliers to buy energy from local sources. Industry groups argued the local clearing requirement violated the dormant Commerce Clause. The court concluded the requirement di...

Gescheidt v. Haaland

A district court denied an animal advocacy group's and individuals' motion for summary judgment in a challenge to the National Park Service's (NPS') management of the tule elk population in the Tomales Point area of Point Reyes National Seashore. The plaintiffs argued NPS' failure to timely revise i...

New Mexico v. United States Nuclear Regulatory Commission

The Tenth Circuit dismissed a petition to review NRC's grant of a temporary license for spent nuclear fuel storage near the New Mexico border. New Mexico argued NRC violated NEPA and the Nuclear Waste Policy Act, and acted ultra vires in granting the license. NRC moved to dismiss for lack of jurisdi...

Foresight Coal Sales, LLC v. Chandler

The Sixth Circuit reversed a district court's denial of a preliminary injunction in a lawsuit concerning a Kentucky law that offsets the state's severance tax on coal. A coal producer from Illinois, where there is no severance tax, argued the law discriminated against out-of-state coal in violation ...

SDG 12: Responsible Consumption and Production

In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. In a forthcoming book, leading legal scholars examine each of the SDGs and recommend a suite of government, private-sector, and civil society actions to help the United States achieve these goals. This Article is adapted from Chapter 12 of that book, Governing for Sustainability (John C. Dernbach & Scott E. Schang eds., ELI Press, forthcoming 2023).