Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Public Land & Resources Law Review
In addition to stocking grocery stores and restaurants with beef, chicken and milk, CAFOs generate another product—manure. The EPA’s decision to withdraw a proposed rule compelling CAFOs to provide information to aid the agency in regulating their discharge of pollutants into the waters of the United States was upheld by the United States District Court for the District of Columbia. The court concluded that the EPA’s decision was “adequately explained” and “coherent,” supported by the administrative record, and did not conflict with existing law.
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins
Public Land & Resources Law Review
Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small stretches where …