Search Results | Environmental Law Reporter®

Toward Tradable Building Performance Standards

The European Union, China, California, and a number of U.S. states in the Northeast are currently using emissions trading as part of their efforts to reduce greenhouse gas (GHG) emissions. However, the popularity of emissions trading as a policy tool co-exists with a well-established, and increasingly politically powerful, set of critiques of it in the United States. These critiques come from environmental justice advocates as well as some academics and other observers.

Strengthening the Nation's Forests, Communities, and Local Economies

Safari Club International v. Haaland

The Ninth Circuit affirmed summary judgment for FWS in a challenge to its 2016 Kenai Rule, which banned baiting of brown bears in the Kenai National Wildlife Refuge and hunting of coyotes, lynx, and wolves in a specific wildlife recreation area. The state of Alaska and a hunting group argued the rul...

San Mateo v. Chevron Corp.

The Ninth Circuit again affirmed a district court order that remanded to state court several California counties' and cities' lawsuit against oil and gas companies alleging state law claims arising from global warming. The district court concluded that none of the companies' grounds for removal—fe...

Mayor and City Council of Baltimore v. BP P.L.C.

The Fourth Circuit affirmed a district court order that remanded to state court the city of Baltimore's climate change lawsuit against oil companies. The city alleged it sustained climate change-related injuries, including an increase in sea levels, storms, floods, heatwaves, droughts, and extreme p...

Oregon Natural Desert Ass'n v. Bushue

A district court denied environmental groups' motion for a temporary restraining order in a challenge to BLM's authorization of livestock grazing on pastures containing research natural areas (RNAs). The groups argued BLM's regulations required fencing to be installed to section off the RNAs so they...

Using Issue Certification Against a Defendant Class to Establish Causation in Climate Change Litigation

Efforts to hold major greenhouse gas emitters accountable for the harms caused by global climate change have been consistently frustrated at the procedural stages of litigation in U.S. federal courts. This Article explores using a combination of class action mechanisms to engage with these threshold barriers and hold carbon-major corporations responsible for climate impacts.

Federal Grazing Lands as “Conservation Lands” in the 30 by 30 Program

On January 28, 2021, President Joseph Biden issued Executive Order No. 14008 initiating the “30 by 30” program to “conserve” 30% of the nation’s lands and waters by 2030, but to date, the Administration has yet to clarify the standards defining "conservation" lands. In September 2021, Nada Culver, the acting director of the Bureau of Land Management (BLM), and Chris French, the deputy chief of the Forest Service’s National Forest System (NFS) confirmed at an annual Public Lands Council meeting that they believe the nation’s grazing lands “should [be] include[d]” in the 30 by 30 count.

Louisiana v. Biden

The Fifth Circuit granted the Biden Administration's motion to stay a district court ruling enjoining federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions. States had argued the president lacked authority to promulgate and enforce the estimates; that th...

Montana Wildlife Federation v. Bernhardt

A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM's issuance of a 2018 instruction memorandum on greater sage grouse conservation and and subsequent oil and gas lease sales in Nevada and Wyoming. Environmental groups argued the lease sales confl...