EME Homer

The Mystery of the Missing Stay Order

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

The steel industry applied for Supreme Court intervention on what they claimed was an urgent issue of vast national importance. Chief Justice Roberts requested an immediate government response. That was six weeks ago. Since then . . . crickets. No doubt you’re on the edge of your seat, wondering about the impending crisis facing the …

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Guest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …

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