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Another Nail In Coal’s Coffin
I’m not sure it’s even really news at this point, but earlier this week Ameren Missouri announced that it would close its Rush Island Energy
Tag : Citizen Suits
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The Trump 401 Certification Rule is Vacated — Does Anyone Actually Care If Section 401 Works?
Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401
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The Law Is An Ass, RCRA Edition
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent
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Maui’s “Functional Equivalent” Test: Courts Are Still Feeling Their Way
Earlier this month, the 9th Circuit vacated the District Court judgment in a Clean Water Act citizens’ suit, because the basis for the judgment had
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The Trump WOTUS Rule Is Vacated; What’s Next?
Yesterday, Judge Rosemary Marquez vacated the Navigable Waters Protection Rule, the misnomer also known as the Trump WOTUS rule. In response to
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Can “Guidance” Ever Be Binding?
Last week, the 9th Circuit Court of Appeals rejected a challenge to EPA guidance that suggested a new statistical method, the Test of Significant
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FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted
On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of
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Maui Needs a NPDES Permit; What’s Next for WOTUS?
Last week, District Judge Susan Mollway ruled that the County of Maui must obtain a NPDES permit for discharges to groundwater by the Lahaina
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At What Level of Government Are We Going to Regulate Climate Change? (Hint — It Is a Global Problem.)
Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not
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EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News
Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the
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Criticizing WOTUS Is Like Shooting Fish in a Barrel
On Wednesday, EPA and the Army Corps of Engineers announced that they plan to revise the definition of “Waters of the United States”.
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The Test For Injunctive Relief Was Not Developed By a Risk Assessor
Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be
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When the Music’s Over, Turn Off the Dakota Access Pipeline
Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of
Environmental Law Clinics Not Only Persevere But Flourish in 2020
As 2020 came to a close, more than forty Directors of environmental law clinics, from law schools across the country, came together to reflect and
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The Trump Administration Suffers Yet One More Judicial Defeat; The “Secret Science” Rule Is Vacated
Last month, I noted that the Trump administration had suffered “one final judicial defeat” – the rejection of its Affordable Clean Energy