A district court granted summary judgment for an environmental group in a challenge to FWS' 2023 12-month finding that Joshua trees were not warranted for listing under the ESA for the "foreseeable future." The group argued FWS violated the ESA because it failed to use best available science, i...
A district court temporarily enjoined a land exchange between the U.S. government and a copper mining company concerning 2,422 acres of land in Tonto National Forest. A community group argued the land transfer, which includes a sacred Apache burial ground, would violate its and its members' First an...
The Tenth Circuit reversed a district court decision denying a challenge to the Forest Service's decision to open new domestic sheep grazing allotments in Rio Grande National Forest. An environmental group argued the allotments posed a high risk to local populations of Rocky Mountain bigho...
The Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service in a challenge to approval of a forest thinning project in Okanogan-Wenatchee National Forest. A conservation group argued the Service was required under NEPA to repeat the public comment process after a ...
The Fifth Circuit, 2-1, reversed a district court's summary judgment for the State Department in a FOIA lawsuit seeking records related to the Department's efforts to support the 2030 emissions reduction target in the Paris Agreement. A nonprofit group submitted a 10-part FOIA request, seeking ...
A district court granted a conservation group's motion to preliminarily enjoin BLM from authorizing grazing in approximately 22,000 acres of land located in key research natural areas (RNAs) that were made unavailable to grazing in BLM's 2015 conservation plan for greater sage-grouse in Oregon....
The Tenth Circuit granted in part and denied in part an environmental group's petition to review EPA approval of Colorado's 2019 SIP revisions. The group argued the revision to the permit requirement for new emission sources prevented regulators from blocking construction when a new source woul...
An antitrust paradox lies at the heart of private-sector climate commitments. On the right, state attorneys general have warned that they may challenge these collaborations under antitrust laws. On the left, antitrust enforcers in the Biden Administration asserted that these actions will not receive preferential treatment even if they address societal ills that are not being addressed by governments. This Article asks what antitrust law is willing to consider: if prosocial goals are framed in terms of economic harms, should antitrust law view climate action as violating that standard?
PFAS exposure is emerging as a disability that veterans want covered by the U.S. Department of Veterans Affairs (VA). With claims relating to environmental exposure, it is often difficult to prove the disability is a result of service and not something else. However, there is another way to get service-connected disability coverage as a veteran: presumption of service connection.
The negotiations for the Global Plastics Treaty (GPT) that collapsed on December 2, 2024, were meant to be a step toward a plastics future informed by sustainable development principles. Given that no agreement has yet been reached, this Comment will discuss two broad issues that future GPT negotiating sessions must confront to produce an effective plastic life-cycle governance instrument. Part I reviews the fragmentation in current plastic waste-related governance instruments and institutions, and describes opportunities for the GPT to find synergies with those instruments.