Environmental Litigation

Power Plants: A Win for the EPA
New rules from the US Environmental Protection Agency to regulate greenhouse gas emissions from fossil fuel-fired power plants survived an attempt by 25 Republican-led states to block their implementation while their case is litigated.

SCOTUS Watch: Power of Federal Agencies Likely to be Restricted
A 1984 landmark Supreme Court ruling empowering federal agencies to interpret statutes when there is uncertainty is being challenged. The outcome will impact federal regulatory authority throughout government, particularly environmental protection.

A Win for ‘Keep it in the Ground’
Coal mining in Wyoming will take a major hit as a result of a U.S. Department of Interior plan to cease future leasing of coal mines in the nation's most productive coal mining basin. The decision casts a spotlight on the presidential election.

Red States Challenge Biden Rules That Threaten Coal Power Plants
The publication in the Federal Register on May 9 of the Environmental Protection Agency's New Source Performance Standards for Greenhouse Gas Emissions from new power plants triggered the filing of 25 lawsuits from Republican-led states.

Appeals Court: California Emissions Standards Upheld
The U.S. Environmental Protection Agency and the California Air Resources Board, the nation's two most powerful environmental regulatory agencies, won an important round in federal court last week. But the emissions standards battle may not be over.

Do Environmentalists Confuse Oil Production With Oil Demand?
Samantha Gross, the director of the Energy Security and Climate Initiative at the Brookings Institution, argues that the key to reducing emissions is to do the hard work of reducing oil demand rather than focusing on ending U.S. oil drilling.

Utah Oil Shale Extraction Dealt Major Setback
The Surface Transportation Board's approval in 2021 of a proposed 85-mile Uinta Basin Railway in Utah that would have enabled increased extraction of the world's largest source of oil shale was partially vacated by a federal appeals court last month.

The ‘Necessity of Oil and Gas Drilling’
The California Supreme Court on Aug. 3 unanimously overturned a successful 2016 Monterey County ballot measure that banned new oil and gas drilling. According to plaintiff Chevron USA, the justices recognized the ‘necessity of oil and gas drilling.’

Federal Fuel Economy Rules Take Different Path than Emission Standards
The traditional approach for federal fuel economy and emissions standards is for the U.S. Department of Transportation and the Environmental Protection Agency to propose regulations simultaneously. This year is different.

NJ v. U.S. DOT: Cordon Pricing in Manhattan
The State of New Jersey filed a federal lawsuit against the U.S. Department of Transportation on Friday to halt the Manhattan cordon pricing project approved in June by the FHWA, charging that they violated the National Environmental Protection Act.

The Inflation Reduction Act's Secret Climate Weapon
While the impact on inflation of the questionably-titled Inflation Reduction Act remains to be seen, the law will mitigate the damage done by a landmark Supreme Court case in June that gutted the EPA's authority to regulate greenhouse gas emissions.

GM, Toyota, and Fiat Chrysler Back Trump on Weaker Auto Emissions Rule
The auto industry is divided on whether to back stronger emissions standard adopted by California and 13 other states. Three major automakers and three auto industry groups sided with Trump on Monday in a court battle over 'one national standard.'

Massachusetts Converts HOV Lane to General Purpose Lane
Road planners looking to increase capacity without adding lanes are focusing on managing existing lanes more effectively. Massachusetts has gone the opposite direction. The Conservation Law Foundation plans to hold them accountable.

It's Official: Obama's Clean Power Plan Has Been Replaced by the Trump Administration
It took less than a year for the EPA to finalize the Affordable Clean Energy rule, which will allow older coal-burning plants to continue operating, in the Trump administration's most consequential environmental rollback accomplished to date.

Environmental Lawsuit Against Minneapolis 2040 Comprehensive Plan Tossed by Judge
The Audubon Chapter of Minneapolis, Minnesota Citizens for the Protection of Migratory Birds, and Smart Growth Minneapolis sued Minneapolis on environmental grounds after the city approved its landmark Minneapolis 2040 Comprehensive Plan.

Department of Interior Plans to Open 1 Million Acres in California to Fracking
The Bakersfield Office of the Bureau of Land Management released an environmental study that is the basis for undoing a 2013 de facto moratorium on fracking on federal lands in California. The Supplemental EIS triggers a 45-day public comment period.

Judge Halts Sales of New Coal Mining Leases on Federal Lands
Once again, the president's efforts to undo his predecessor's environmental legacy were thwarted by a court ruling. In this case, the Interior Department's failure to conduct an environmental review of a Trump executive order ran afoul of NEPA.

Trump Signs Two Executive Orders Limiting States' Authority Over Energy Pipelines
The Trump administration's "energy dominance" agenda depends, in part, on growing the energy distribution network, namely pipelines, rail facilities, and ports. However, states can use the Clean Water Act to block pipelines and coal terminals.

New York City Polystyrene Ban Took Effect New Year's Day
Thanks to two recent New York State court rulings, disposable food and beverage containers will no longer be made from polystyrene in the nation's largest city. The ban was originally proposed by Mayor Michael Bloomberg in February 2013.
Nation's Newest Toll Road Opens in North Carolina
For a small fee, motorists can now bypass a congested arterial road with two dozen traffic lights outside of Charlotte. Built and operated by the North Carolina Turnpike Authority, the 18-mile, electronically tolled Monroe Expressway opened Nov. 27.
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City of Albany
UCLA Lewis Center for Regional Policy Studies
Mpact (formerly Rail~Volution)
Chaddick Institute at DePaul University
City of Piedmont, CA
Great Falls Development Authority, Inc.
HUDs Office of Policy Development and Research