When No News Would Be Good News: The Ongoing Trials of Prop 65

California’s Proposition 65 law has been consistently making the news lately — but not for the reasons it should.

This summer, California’s unique-in-the-nation law governing human exposure to toxic chemicals, Proposition 65, has been consistently making Page 1 — but in ways that belie the adage that “all publicity is good publicity.” Most heavily reported, and acutely politically perilous to the law’s supporters, has been a state trial court ruling that coffee must bear […]

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South Carolina Federal Court Blocks Trump EPA Attempt to Suspend Clean Water Rule

G. H. W. Bush Appointee Issues Nationwide Injunction Because Agency Rescinded Prior Rule Without Public Discussion of the Rule’s Merits

Today, Hon. David Norton of the Federal District Court for the District of South Carolina (an appointee of George H. W. Bush) issued a nationwide injunction barring the implementation of the so-called “Suspension Rule” that effectively rescinded the Waters of the United States Rule (also called the WOTUS Rule or the Clean Water Rule) previously issued […]

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Is FEMA Ready For a Tumultuous Future?

FEMA has a lot of work to do to get up to the mark on disaster response and risk mitigation.

We face a future of increasing peril from disasters. One reason is climate change; another is that more people live in coastal areas where risks are especially high.We’re currently seeing the results of climate change in the California fires, and we saw both factors at work in last year’s flooding in Houston after Hurricane Harvey. […]

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NYC’s Cap on Uber and Lyft Is an Important Step for Cities

A temporary pause to identify regulatory solutions to social and environmental impacts

Last week, the New York City Council enacted a temporary cap on Uber, Lyft and other transportation network company (TNC) vehicles in the city, blocking the issuance of new vehicle licenses for a 12-month period while the city conducts a study to determine whether to enact long-term regulations limiting the number of TNC vehicles on […]

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68 Law Professors Urge Withdrawal of EPA Proposal to Limit Use of Best Science in Agency Rulemakings

Emmett Institute Faculty Submit Letter on Behalf of Environmental and Administrative Law Professors from 47 Universities Across the U.S.

Today, on behalf of 68 environmental and administrative law professors affiliated with 47 universities around the country, Sean Hecht and I filed a comment letter urging EPA’s Acting Administrator Wheeler to withdraw the misleadingly-named “Strengthening Transparency in Science” proposed rule.  My Legal Planet colleague, Dan Farber, has written here and here about some of the […]

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Trump Loses Another Big Court Case

Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.

Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that […]

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Chesapeake

EPA needs to take a hand to keep the restoration plan on track. We’ll see how that goes soon.

The effort to restore Chesapeake Bay is something I knew vaguely about but had never looked into. A new on-line  dashboard of relevant material inspired me to take a deeper dive. The restoration plan is definitely worth a closer look., It’s the U.S. leading effort to reduce“nonpoint source” water pollution such as agricultural runoff. It […]

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Secretary Zinke Misleads the Public About Wildfires and Federal Public Land Management

Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”

Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West.  Zinke’s op-ed is disingenuous, […]

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Does the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?

New Article Addresses Hot Spot Pollution and the Clean Air Act

Over the last fifty years, we have made huge progress in cleaning up the nation’s air.  Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and […]

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How Would a Justice Kavanaugh Approach Environmental Cases?

Reflections From a Review of Kavanaugh’s D.C. Circuit Opinions

As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court.  I’m adding here a few thoughts to the many […]

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Watered Down Standards at the TRUMP CAFÉ

Here are the FAQs about Trump’s proposed rollback.

Trump is proposing to gut CO2 standards for cars, freezing 2020 CAFE fuel-efficiency standards in place for years to come.  Without the freeze, the standards would automatically ramp up. He also wants to eliminate California’s ability to set its own standards, which many other states have opted to adopt. Here are seven key questions about […]

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