November 16, 2023
by Matthew Grabianski
Climate change
Litigation
State and Local
Held v. Montana,[1] decided by Montana state court Judge Kathy Seeley last August, is already widely recognized as a landmark case in environmental law.[2] Much has been written about the ruling, which struck down a Montana provision that forbade state…
November 14, 2023
by Conor Winters
Chemicals
Litigation
State and Local
State legislation allowing communities exposed to toxic substances like PFAS to sue for the costs of medical testing before they develop symptoms may improve health outcomes and promote environmental care.
November 6, 2023
by Berit DeGrandpre
Litigation
Regulations
The Supreme Court has agreed to reconsider the Chevron doctrine this term. This article explores why overruling or limiting the doctrine may not have a watershed impact on environmental law.
October 26, 2023
by Cameron Bonnell
Litigation
In recent years, the Supreme Court has taken steps to constrain government regulatory authority. The Court is gearing up to push even further in its current term, with potentially broad-reaching implications on the government’s authority to regulate the environment.
October 12, 2023
by Julie Tolmie
Energy
Litigation
To prevent more devastating wildfires and take advantage of a recent surge in federal funding, utilities should invest in improving electrical infrastructure.
October 2, 2023
by Agnes Enochs
Air
Climate change
Litigation
State and Local
July 2023 was the hottest month on record. As extreme temperatures become the norm, many workers find themselves without adequate workplace protections. With heat-related deaths on the rise, more must be done to secure workers' safety in a warming world.
September 28, 2023
by Charlie Dwight
Chemicals
Climate change
Litigation
Regulations
As American consumers focus more on how their consumption habits impact the environment, companies are seeking to capitalize by claiming their products are “green” even if these claims are dubious – a practice known as greenwashing. In this article, Charlie Dwight walks through the legal landscape of greenwashing and argues FTC and SEC enforcement would help crack down on the practice.
February 23, 2022
by Gianfranco Cesareo
Endangered Species
Litigation
State and Local
Wildlife
When the New York Court of Appeals agreed in May 2021 to hear the habeas corpus case of an Asian elephant named Happy, it marked the first time that the highest court of any English-speaking jurisdiction agreed to hear a habeas corpus case brought on…
February 2, 2022
by Priya Sinha
Litigation
Regulations
Water
On Monday, January 24, 2022, the Supreme Court granted review of Sackett v. EPA to determine the definition of a “water of the United States,” or WOTUS, under the Clean Water Act (CWA). The outcome of the case could potentially reshape the reach of…
November 7, 2021
by Yanai Ben Gigi
Climate change
Litigation
Regulations
The Supreme Court will soon hear a case that may alter the regulation of carbon dioxide emissions under the Clean Air Act and expand the reach of the nondelegation doctrine.