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National Wildlife Federation v. Lohr

A district court granted summary judgment for a conservation group in a challenge to the Natural Resource Conservation Service's (NRCS') 2020 rule regarding certification of maps delineating wetlands. The group argued NRCS changed its policy regarding pre-1996 wetland certifications without exercisi...

Anne Arundel, Maryland v. BP P.L.C

The Fourth Circuit affirmed a district court order remanding to state court two climate deception lawsuits against oil and gas companies. City and county governments in Maryland initially sued in state court, alleging the companies used and promoted fossil fuel products while knowing, concealing, an...

Will Risk Aversion at the NRC Avert the Energy Transition?

The Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection Agency (EPA) both have long-standing risk regulation regimes. To promote deployment of advanced nuclear reactors, Congress directed the NRC to reform its licensing regulations to increase the use of risk-informed, performance-based, and technology-neutral approaches. However, the NRC has doubled down on its traditional risk-management strategies, which require eliminating even the most remote and improbable risks, and which fail to account for the benefits of advanced reactors.

Avoiding Performative Climate Justice

Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice.

The Tyranny of Baselines

Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis.

“Experimental Populations” Final Rule: FWS’ Response to Climate Change Threats

Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental populations to be introduced into habitat outside their historical range, as long as the areas are capable of supporting the experimental population.

What's Happening With Management of Natural Resources?

Since passage of the early natural resource protection laws and regulations in the United States decades ago, legal, technical, and economic practitioners have been challenged with understanding the ever-changing and ever-evolving environmental law and policy landscape. Riveting changes have advanced the position of natural resources and related matters of conservation and biodiversity across domestic and international agendas, in corporate, government, and public interest agendas, and in the lives of everyday citizens.

Climate Corps: Skills-Based Training to Combat the Climate Crisis

Last September, the Biden Administration announced the American Climate Corps, a workforce training and service initiative with the goal of giving young people skills-based training for careers in the clean energy, conservation, and climate resilience sectors. The initiative will offer 20,000 Americans paid training in a variety of environmental fields, specifically prioritize equity and environmental justice, and collaborate with federal agencies, nonprofit organizations, and tribal, state, and local governments.

Puyallup Tribe of Indians v. Electron Hydro, LLC

A district court granted in part and denied in part a tribe's motion for partial summary judgment in a lawsuit concerning a hydroelectric dam on the Puyallup River in Washington. The tribe argued the dam operator's installation of a temporary rock dam/spillway unlawfully harmed and harassed Chinook ...

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' ...