The Fifth Circuit vacated a district court ruling in a decades-long dispute over whether a property in Louisiana contains federally regulated wetlands. The property owner sued the Army Corps of Engineers, arguing its determination that the property contained federal regulated wetlands was arbitrary ...
The D.C. Circuit affirmed a district court order remanding to state court a climate liability suit brought against oil and gas companies. The District of Columbia initially sued in state court, arguing the companies deceived consumers about the causal link between fossil fuel usage and climate chang...
One potential obstacle to a successful energy transition involves the critical minerals used in production of photovoltaic solar panels, wind turbines, electric vehicles, and batteries. A substantial portion of these will have to come from new and expanded mining operations around the world. But mining is controversial, in part due to the past failures of operators to protect communities and the environment. This Article considers how nations can responsibly identify, source, and process these minerals, and then deploy them in renewable energy products. Its scope is global, but U.S.
Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems—some caused by the Bureau’s many dams.
Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to fill that gap through interviews, surveys, and focus groups with senior law firm partners experienced in advising green startups, senior pro bono counsel and staff, chief executive officers of early-stage green startups, and senior staff at nonprofit legal aid groups.
The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.
A district court granted in part summary judgment for environmental groups in a challenge to a National Park Service (NPS) agreement with Miami-Dade County to facilitate development of a waterpark, hotel, and retail area near the Miami Zoo. The groups argued NPS violated NEPA and the ESA by failing ...
The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases. The groups argued EPA's determination that the registration would not cause "unreasona...
A district court denied Indigenous and environmental groups' motion for injunction pending appeal of their challenge to BLM's approval of an oil and gas development project in the National Petroleum Reserve-Alaska. The groups initially sought to preliminarily enjoin construction through the remainde...
The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to s...