The D.C. Circuit dismissed industry groups' petitions to review EPA's decision not to reconsider its 2009 finding that greenhouse gas (GHG) emissions from motor vehicles contribute to climate change and thus endanger public health and welfare. The groups initially petitioned EPA to reconsider its fi...
Climate change is ravaging the flora and fauna of the United States and contributes to ecosystem damage, including the conversion of Alaskan forests to savannah grasslands, rising sea levels that have destroyed the Key deer’s habitat, and warming regional temperatures that have stifled the growth of crops in the Northeast. What if there were a way for species to thrive away from the sinking coasts and changing landscapes that they have historically inhabited?
The Inflation Reduction Act and Federal Buy Clean Initiative have each inspired states and municipalities to regulate embodied carbon (Scope 3) using “Buy Clean” policies and legislation. Reducing embodied carbon has become mainstream, and environmental product declarations (EPDs) have surfaced as the tool. Are EPDs alone enough? Is the compliance timeline sufficient? On February 1, 2023, the Environmental Law Institute hosted a panel of experts that provided an update on Buy Clean policy, green funding, the status of carbon emissions, and a primer on EPDs.
A district court denied summary judgment for a group of landowners in a challenge to the Bureau of Ocean Energy Management's (BOEM's) and NMFS' decisions approving an offshore wind energy project off the coast of Nantucket. The group argued that NMFS violated the ESA by failing to adequately conside...
The Ninth Circuit affirmed vacatur of FWS' designation of an area in the northern Santa Rita Mountains as occupied critical habitat for jaguar. An environmental group initially sued FWS, challenging the Service's conclusion that a proposed copper mine project in the area would not destroy or adverse...
A district court adopted the recommendations of a magistrate judge and vacated portions of NMFS' 2019 biological opinion concerning the incidental take statement that authorized take of southern resident killer whales and chinook salmon resulting from commercial harvest of chinook salmon during trol...
A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Kootenai National Forest. The groups argued the project violated the ESA by failing to adequately consider the impacts of unauthorized motorized access on grizzly bears in the project area. The cou...
The Hawaii Supreme Court affirmed the Public Utility Commission's (PUC's) decision denying an energy company's request to supply energy to Hawaii Island using a biomass power plant. The company appealed, arguing the PUC misunderstood its mandate and held it to an unfair standard. The court disagreed...
The Eighth Circuit affirmed a district court ruling granting the state of Minnesota's motion to remand to state court a climate liability lawsuit alleging that fossil fuel producers fraudulently marketed their products and misinformed customers about the dangers of fossil fuel use. Minnesota sued th...
More severe storms and rising sea levels resulting from a changing climate pose a threat to ecosystems along the U.S. coast. These include beaches, dunes, wetlands, and marshes, which provide significant environmental, recreational, and economic benefits. Practices to sustain these ecosystems are available, but are not well understood, face legal and financial obstacles, and have not been widely implemented. On January 19, 2023, the Environmental Law Institute hosted a panel of experts who explored measures and practices for sustaining coastal wetlands in the face of a changing climate.