Category Archives: Environmental Law

D.C. Circuit Denies Challenge to FERC’s Decision to License Cove Point LNG Export Facility

On July 15th, the D.C. Circuit issued a decision in EarthReports, Inc. (DBA Patuxent Riverkeepers), Sierra Club, and Chesapeake Climate Action Network v. FERC, No. 15-1127. Plaintiffs in this case challenged the Federal Energy Regulatory Commission’s (FERC) 2014 authorization of … Continue reading

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IPR Files Amicus Brief in Support of EPA’s Clean Power Plan on Behalf of Public Health Coalition

On April 1, the Institute for Public Representation filed an amicus brief in State of West Virginia, et al. v. EPA, 15-1363 et al., the consolidated cases in which EPA’s Clean Power Plan is being challenged in the D.C. Circuit. … Continue reading

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Supreme Court Declines to Hear Appeal of EPA Plan for Chesapeake Bay

On February 29, 2016, the Supreme Court declined to grant certiorari in American Farm Bureau Fed., et al. v. U.S. Environmental Protection Agency. As a result, the Third Circuit’s opinion upholding EPA’s plan to set a Total Maximum Daily Load … Continue reading

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D.C. Circuit Rejects Tobacco Companies’ Challenge to Report Describing Problems with Menthol Cigarettes

On January 15th, the U.S. Court of Appeals for the D.C. Circuit overturned a district court grant of summary judgment for plaintiff tobacco companies Lorillard Tobacco and R.J. Reynolds in favor of the FDA and anti-tobacco co-defendants. This amounted to … Continue reading

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FERC “Demand Response” Rule Upheld

On January 25, in a 6-2 decision authored by Justice Kagan, the Supreme Court issued its opinion in the case Federal Energy Regulatory Commission (“FERC”) v. Electric Power Supply Association. The Court reversed the judgment of the Court of Appeals … Continue reading

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IPR files amicus brief in Tenth Circuit in challenge to Bureau of Land Management’s novel wild horse removal policy

On November 27, the Institute for Public Representation filed an amicus brief on behalf of four natural resources and administrative law professors in the case American Wild Horse Preservation Campaign v. Jewell, et al., currently on appeal in the Tenth … Continue reading

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