NEPA
New York v. U.S. Nuclear Regulatory Commission
By Hillary H. Harnett
The Nuclear Regulatory Commission (“NRC” or “the Commission”) licenses and regulates the nation’s commercial nuclear power plants. Over a span of several decades, it has grappled with its environmental obligations and faced recurrent litigation regarding its responsibilities under the National Environmental Policy Act (“NEPA”). In 2012, the D.C. Circuit … [Read more…] about New York v. U.S. Nuclear Regulatory Commission
Minard Run Oil Co. v. United States Forest Service
By Jonathan Thrope
Minard Run Oil Co. v. United States Forest Service (Minard Run II) presents a traditional story with a unique cast of characters. The common law has long established that within a single parcel of property, the surface and the minerals can be separately owned. Where property has been so divided into a “split estate,” the law presumes that the mineral … [Read more…] about Minard Run Oil Co. v. United States Forest Service
Rules Without Reasons: The Diminishing Role of Statutory Policy and Equitable Discretion in the Law of NEPA Remedies
By Daniel Mach
Historically, the law governing injunctive relief for violations of the National Environmental Policy Act of 1970 has been informed both by interpretation of the statute’s environmental purpose and by policies associated with the administrative law framework through which NEPA is implemented. The resulting case law reflects tensions between general legal canons … [Read more…] about Rules Without Reasons: The Diminishing Role of Statutory Policy and Equitable Discretion in the Law of NEPA Remedies