E. Supp. 2012

Save the Plastic Bags?: How the California Supreme Court Weakened Environmental Impact Report Requirements in an Attempt to Protect the Environment

The California Environmental Quality Act aims to protect the environment by requiring any public agency proposing a project that might have a significant effect on the environment to prepare an Environmental Impact Report (EIR). This Report would identify and attempt to mitigate environmental damage, as well as make the public aware of the project. In […]

Read More :: View PDF

Cercla: Determining Ownership Liability for Possessory Interests in Real Property

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a response to disasters from toxic waste dumps. Under the statute, Congress intended to pass the costs of cleaning up hazardous waste to potentially responsible parties. To achieve this objective Congress created two distinct forms of liability under CECRLA: operator liability and owner […]

Read More :: View PDF

FYI to the FAA on Fll: Approval of a Runway Extension in City of Dania Beach

The Airport and Airway Improvement Act requires the Federal Aviation Administration to review project applications for airport development projects. Under the Act, FAA must prioritize a more environmentally preferable alternative unless it is not prudent. In City of Dania Beach v. FAA, the court upheld the agency’s definition of prudent, although it differed from the […]

Read More :: View PDF

More Guidance Please: Proving Prejudicial Error Under the APA

In response to widespread brown- and black-outs, Congress passed the Energy Policy Act in 2005. Under this Act, the Department of Energy must conduct a nationwide study of congestion in transmission lines every three years. Because the results of these studies may affect rights traditionally reserved to the states, DOE must prepare each study in […]

Read More :: View PDF

Standing in the Desert: Prudential Standing in Wilderness Society v. Kane County

Kane County, Utah stripped federal land in southern Utah of signs prohibiting off-road vehicles. Despite pleas from The Wilderness Society (TWS), a conservation organization, the county passed an ordinance legalizing its actions. TWS filed suit, claiming the Supremacy Clause of the U.S. Constitution prohibited the county from interfering with federally authorized signs. On January 11, […]

Read More :: View PDF

The Question of Adequate Representation in the Tyson Court’s Denial of Intervention

In 2005, the State of Oklahoma (State) brought a suit against Tyson Foods, Inc. for the improper disposal of poultry waste in the Illinois River Watershed (IRW). Approximately four years later, the Cherokee Nation (Nation) asserted its interests in the IRW and its right to intervene under Rule 24 of the Federal Rules of Civil […]

Read More :: View PDF

Preserving Flexibility: Alliance for the Wild Rockies v. Cottrell and the Preliminary Injunction Standard

A preliminary injunction is an order granted prior to a final judgment on the merits which prevents a party from continuing with a certain conduct. The traditional standard for a preliminary injunction requires that a plaintiff show the existence of four elements: likely irreparable harm, likely success on the merits, balance of hardships in their […]

Read More :: View PDF

Common Law Preclusion and Environmental Citizen Suits: Are Citizen Groups Losing Their Standing?

The citizen suit provision of the Clean Air Act (CAA) gives standing to citizen groups to bring suits against private actors for violations of the Act. Congress and the courts have established limitations on a citizen’s ability to bring a claim. These include notification of intent to file, a bar when the EPA or state […]

Read More :: View PDF