A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam.
The Seventh Circuit reversed a district court's preliminary injunction prohibiting approval of a proposed land exchange in Wisconsin for construction of a high-voltage electric transmission line that would run through the Upper Mississippi River National Wildlife and Fish Refuge.
The May issue of ELR features articles on supplemental environmental projects; implications of the U.S. Supreme Court's decision in Securities and Exchange Commission v. Jarkesy for environmental enforcement; shipping's fair shire of the climate mitigation burden; and extended producer responsibility for textiles. The issue also includes a transcript from a recent webinar that discussed new methane regulations adopted by the European Union and EPA as well as strategies other countries are employing to reduce emissions.
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act.