Practice area · Environmental
16 published articles in this practice area.
A divided panel held that a 2005 highway-bill rider letting Oklahoma run environmental programs in Indian country did not expire in 2009 and bars EPA-imposed conditions.
A Sixth Circuit panel paused a ruling that voided TVA's approval of its Kingston gas plant, finding the agency likely to win on alternatives, precommitment and remedy.
The Fifth District reversed a writ ordering CalGEM to exempt up to 12 Kern County wastewater injection wells from CEQA and declared a grandfathering rule invalid.
The court rejected environmental groups' challenge to Pennsylvania water permits for a Transco pipeline and held that a federal standard governs review of such state decisions.
A state appellate panel said residents adequately alleged Stanton bought and razed fourplexes over 17 years without the replacement housing state law requires.
The Sixth District held that a lot line adjustment bundled with the town's acceptance of a street easement was discretionary and not exempt from CEQA.
The court held the cooperative had standing to appeal a ruling denying a complaint against it because FERC rejected its contract theory along the way.
In a 2-1 decision, the panel ruled that Section 7 of the Endangered Species Act applies to the EPA's development of nationwide water-quality criteria under CWA Section 304(a), rejecting the agency's argument that such guidance is not 'agency action' and expanding standing for environmental plaintiffs.
A divided panel lets part of a Second Amendment challenge to Colorado's unserialized firearm-parts law move forward, rejecting the state's view that possession restrictions are merely conditions on commercial sales while narrowing which claims plaintiffs may bring.
A D.C. Circuit panel said EPA reasonably explained why steel mills needed more time to meet hazardous-emissions standards and dismissed procedural challenges to an interim rule that was later replaced by a final rule.
California Attorney General Rob Bonta says a 19-attorney-general coalition wants to intervene in litigation challenging the U.S. Department of Defense's alleged freeze on land-based wind energy project reviews.
A D.C. federal judge allowed the American Petroleum Institute to intervene in NRDC's challenge to a national-security-based endangered species exemption for Gulf oil and gas operations.
The New York attorney general said funds from 2021 lead-paint enforcement settlements will support free certification and rights training for more than 700 construction workers.
The justices agreed to hear four cases, including a Monsanto dispute over whether federal pesticide law preempts a label-based failure-to-warn claim when EPA has not required the warning.
The justices held that federal pesticide law preempts a Missouri failure-to-warn claim seeking a cancer warning on Roundup's EPA-approved label.
A divided Ninth Circuit said federal energy-efficiency law does not preempt Southern California air regulators’ zero-emissions appliance rule adopted to meet Clean Air Act ozone obligations.