A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...
A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argu...
A district court denied summary judgment for nonprofit groups in a challenge to FWS' authorization of permits to import Sub-Saharan African leopard trophies from overseas sport hunting in Tanzania, Zambia, and Zimbabwe. The groups argued FWS violated the APA by making unsubstantiated non-detriment f...
A district court denied environmental groups' motion for summary judgment in a challenge to the Forest Service's approval of a grazing project in the Apache-Sitgreaves and Gila National Forests. The groups argued the Service violated NEPA by failing to take a "hard look" at impacts on Mexican gray w...
The Second Circuit affirmed a district court order remanding to state court a climate liability lawsuit against an oil and gas company. The state of Connecticut initially sued the company in state court, alleging it engaged in a decades-long campaign of knowingly misleading and deceiving Connecticut...
The D.C. Circuit denied the state of Utah's motion to stay EPA's 2023 "good neighbor" rule, which aims to ensure that 23 states meet the CAA's good neighbor requirements by reducing ozone-forming emissions of nitrogen oxides from power plants and industrial facilities that contribute to compliance i...
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.
The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.
This Comment argues that what is needed to make sustainability work for business is a National Business Sustainability Council that would develop and promulgate sustainability criteria, be able to evaluate whether specific small businesses are meeting those criteria, and be able to “certify” that a small business is, in fact, meeting these criteria, and is therefore “sustainable.” It asserts the Council’s criteria and evaluation methodology should be both rigorous and transparent, such that when the Council awards a sustainability certification to a business, the federal and state governmen
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence. This Comment delves into both of these issues, providing some background on the unique and long-running controversy that was at the heart of Sackett, and parsing the four opinions from the case.