This Note argues that the Corner Post principle presents a transformative shift in environmental litigation, particularly under the Endangered Species Act, by extending the date for claim accrual and enabling plaintiffs to challenge longstanding agency regulations and decisions that continue to harm vulnerable species. This principle facilitates an opportunity for ...

As one of the first instances of success in American climate litigation, Navahine F. v. Hawai‘i Department of Transportation demonstrates the potential of settlement in a climate litigant’s toolbox to maximize plaintiffs’ goals. This Note argues that settlement may provide an opportunity for climate litigants to obtain more concrete commitments ...

This Note explores the environmental implications of AFFF use aboard Navy vessels, addressing both the current regulatory framework and ongoing litigation related to AFFF contamination. Analyzing the arguments for and against shipboard AFFF use, this Note recommends the Navy phase out AFFF on ships.

This In Brief explores how the Ninth Circuit’s decision in Cascadia Wildlands v. Scott Timber Co. (Wildlands) has significant implications for conservation measures, land use policies, and future Endangered Species Act (ESA) litigation.

First, this In Brief summarizes the Clean Air Act’s Renewable Fuel Standard program and small refinery exemptions, market research on Renewable Identification Number (RIN) compliance, relevant case law, and the standard of review under the Administrative Procedure Act. Second, it summarizes the D.C. Circuit’s decision in Sinclair Wyoming Refinery Co. ...

This In Brief analyzes how the Third Circuit’s decision in Boynes v. Limetree Bay Ventures, LLC demonstrates the importance of maintaining broad judicial discretion in setting the bond amounts attendant to preliminary injunctions. Absent such discretion, the interests of the movant— which the preliminary injunction is principally designed to protect—would ...

This In Brief explores the Tenth Circuit’s holding in Strawberry Water Users Association v. United States. It argues that this case underscores the urgent need for a mechanism to hold federal agencies accountable when they fail to take a proactive and adaptive approach to fire management—one that balances the ecological ...

This In Brief analyzes New Jersey Conservation Foundation v. FERC, where the D.C. Circuit found that the Federal Energy Regulatory Commission’s (FERC) approval of a natural gas pipeline project did not appropriately weigh GHG emissions as required by the National Environmental Protection Act (NEPA) and the Natural Gas Act (NGA). ...