Online Articles

A wind turbine under construction. See below for image attribution.

The Two Speeds of NEPA Review at Burgum’s DOI

February 14, 2026 by Giulia Gerard Litigation Renewable Energy

The Trump Administration is making good on its promise to expedite environmental permitting—unless you’re building wind or solar.

The James T. Foley United States Courthouse in the Northern District of New York, where West Virginia v. James is taking place. See below for image attribution.

The Pending Fate of Climate Superfund Statutes

January 29, 2026 by Kristina McKean Legislation Litigation

Litigation challenging climate superfund statutes in New York and Vermont will continue to unfold in 2026, potentially providing insights to other states considering similar statutes.

The Corvette "Galathea" in a Storm in the North Sea (1839) by C.W. Eckersberg (image is in the public domain).

Taking Water: The Threat of Article II Challenges to Citizen Suits

March 27, 2025 by Cameron Bonnell Legislation Litigation Water

Citizen suits have been a powerful engine of environmental enforcement for over half a century. As the bounds of executive power are reimagined, challenges under Article II of the Constitution threaten their viability.

The Hawaii Supreme Court. See below for image attribution.

Supreme Court Refuses to Hear Challenge to Climate Tort Suits Brought in State Court, For Now

February 13, 2025 by Conor Winters Fossil Fuels Litigation

Though the Supreme Court turned down an opportunity to decide whether state-level climate change lawsuits are preempted by federal law, the justices’ significant and recurring interest in the underlying question as well as the magnitude of what’s at stake for defendants make it likely that the question will return to the Court in the coming years.