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The Top-Ten Lower Court Decisions on Environmental Law

Legal Planet

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Any top ten list is a bit arbitrary.

Law
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NEPA as an environmental back-stop

Legal Planet

Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the Clean Air Act, the Clean Water Act, and more? One possibility is that NEPA serves as a back-stop for other environmental laws, filling in gaps they do not cover.

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State-Level Actions To Decarbonize Aviation

Legal Planet

Opponents will undoubtedly argue that such state-based initiatives conflict with federal law.

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Railroading State Environmental Law: The Surface Transportation Board Preempts All

Vermont Law

Railroading State Environmental Law: The Surface Transportation Board Preempts All By Benjamin Albertson The Surface Transportation Board (“STB”) has exclusive authority over railroads in the United States and has since the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”).

Law
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Supreme Court Clarifies Scope of NEPA Review

National Law Center

Additionally, the Supreme Court found that when considering whether an agency’s NEPA report complies with the law, reviewing courts should grant “substantial deference” to the agency. National Environmental Policy Act NEPA was signed into law on January 1, 1970.

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The Deal With Dicamba: EPA Proposes Unconditional Registration for Over-the-Top Use

National Law Center

FIFRA is the primary federal law regulating pesticide use in the United States. The ESA is one of the main wildlife protection laws in the United States. For more information on pesticides from the National Agricultural Law Center, click here. More information on the FIFRA registration process is available here.

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Sabin Center Files Amicus Brief in Support of EPA’s 2024 Vehicle Emissions Standards

Law Columbia

EPAs 2024 Vehicle Standards EPA derives its authority and mandate to promulgate rules regulating mobile sources like light- and medium-duty vehicles from Section 202 of the Clean Air Act. In 2007, the Supreme Court held in Massachusetts v.