
The Fifth Circuit, 2-1, reversed a district court's summary judgment for the State Department in a FOIA lawsuit seeking records related to the Department's efforts to support the 2030 emissions reduction target in the Paris Agreement.

The Ninth Circuit affirmed in part and reversed in part summary judgment for the Forest Service in a challenge to approval of a forest thinning project in Okanogan-Wenatchee National Forest.

ELR is pleased to present three articles as a preview to our May-June issue. One argues that if avoided harms to the economy and consumers from emissions reductions can yield economically cognizable consumer welfare enhancement in the longer term, climate action should be defensible under current antitrust doctrine. Another piece urges the granting "presumption of service connection" for PFAS exposure in veterans. And a third discusses issues that future Global Plastics Treaty negotiations must confront to produce an effective plastic life-cycle governance instrument. The full issue will be posted in June.

An antitrust paradox lies at the heart of private-sector climate commitments, particularly if prosocial goals are framed only in terms of economic standards. But if avoided harms to the economy and consumers from emissions reductions can yield economically cognizable consumer welfare enhancement in the longer term, climate action should be defensible under current antitrust doctrine.