RCRA and the Sixth Amendment: Who decides the criminal fine—judge or jury?

Who decides the scope of a criminal penalty? In Southern Union the Supreme Court will decide who can impose criminal fines.

Army Corps faces challenges to levee vegetation policies

The Corps wants to uproot vegetation on flood control levees. Will lawsuits stop this one-size fits all policy?

Are Clean Water Act permits required for stormwater pollution from industrial logging roads?

The Supreme Court may decide a battle between environmentalists and loggers in Oregon.

Agency guidance documents and NRDC v. EPA

Does EPA’s efforts to issue “guidance” memorandum, rather than using formal APA rulemaking procedures, transgress administrative law boundaries?

Greenhouse gas litigation and NEPA: A split in the courts

Courts review NEPA challenges to projects on the grounds that the evaluation fails to address greenhouse gases with mixed results.

Tarrant Water District: Another battle in the Texas-Oklahoma water wars

Does the Constitution’s Commerce Clause bar Oklahoma from restricting the City of Fort Worth’s access to water from the Red River?

In Brief

A summary of recent environmental, energy, and resources decisions at the federal, district, and appellate levels.