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Honolulu, City and County of v. Sunoco LP

The Hawaii Supreme Court affirmed a lower court order denying oil and gas companies' motions to dismiss a climate misinformation suit brought by the city and county of Honolulu and the Honolulu Board of Water Supply. Plaintiffs argued the companies knowingly misled the public about the dangers of bu...

Leveraging Earth Law Principles to Protect Ocean Rights

Communities around the world are seeking to acknowledge nature’s rights through legal tools and litigation. This Article provides an overview of recent developments in earth law movements, including Rights of Nature, Rights of Rivers, and Ocean Rights, and considers the potential impacts these ecocentric conservation measures could have on Indigenous peoples and local communities.

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

Using Objective Characteristics to Target Household Recycling Policies

Using the most comprehensive data set on U.S. household recycling behavior, this Comment quantifies the relative impact on recycling of characteristics associated with recycling in different populations, under different governmental rules, and having different facilitating resources and amenities.

Fighting Methane Emissions With the False Claims Act

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.

Lowman v. Federal Aviation Administration

The Eleventh Circuit denied several individuals' petition to review FAA approval of an airport expansion project in Florida. The individuals argued FAA violated NEPA by segmenting its review of a single development project into multiple, smaller projects to make environmental effects appear less sig...

Idaho Conservation League v. Bonneville Power Administration

The Ninth Circuit, 2-1, denied environmental groups' petition to review the Bonneville Power Administration's (BPA's) decision setting power rates for the 2022-2023 fiscal period. The groups argued BPA violated the Northwest Power Act (NWPA) by setting rates that failed to comply with its duty to pr...

O'Reilly v. United States Army Corps of Engineers

The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...

New York v. Raimondo

The Second Circuit affirmed summary judgment for NMFS in a challenge to its 2020 allocation rule setting summer flounder quotas for eleven states. The state of New York argued that by failing to allocate a higher quota to New York, the rule failed to account for the long-term movement of summer flou...