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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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Supreme Court Provides Framework for Venue for Clean Air Act Challenges

MGKF Law

EPA , clarifying the tripartite framework for determining venue in Clean Air Act (“CAA” or “Act”) litigation. Read More » Tags: Agency Action , Air , Clean Air Act , D.C. On June 18, 2025, the Supreme Court decided EPA v Calumet Shreveport Refining, LLC et al. ,

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NEPA in the Supreme Court: The Seven Counties Oral Argument

Legal Planet

Argument #3: The Court should narrow the scope of NEPA case because it was passed before the enactment of a bevy of other environmental statutes like the Clean Air Act. This is a weird argument for two reasons. First, all the conservatives on the Court say they are textualists.

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Clean Air Act rulemakings don’t follow the normal rules – just ask the Supreme Court

Environmental News Bits

Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the Clean Air Act (CAA), it’s a different story entirely.

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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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Shell Falcon Pipeline LP Pleads No Contest To Criminal Charges For Violating The State Clean Streams Law In Allegheny, Beaver, Washington Counties; Will Pay $300,000 In Penalties

PA Environment Daily

These penalties are in addition to a $670,000 civil penalty DEP accessed against Shell Falcon Pipeline and its contractor Minnesota Limited LLC for violations of its permit and other laws and regulations that occurred in 2019 and 2020 during pipeline construction. Read more here. Read more here. Decrease To 31.2%

Law
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First Circuit Holds that Smelling Vehicle Exhaust Constitutes Injury-in-Fact under Clean Air Act

MGKF Law

In Conservation Law Foundation, Inc. Academy Express, LLC , the Conservation Law Foundation brought a private right of action under the Clean Air Act, alleging that Academy Express, LLC, a bus company, allowed its vehicles to sit idle for excessive periods of time across Massachusetts and Connecticut.