Region: National

James Salzman of Emmett Institute Appointed to U.S. National Drinking Water Advisory Council

Professor James Salzman of the Emmett Institute on Climate Change and the Environment has been appointed to the U.S. National Drinking Water Advisory Council, a federal advisory committee that supports the Environmental Protection Agency in its duties and responsibilities to the national drinking water program. Professor Salzman is the author of “Drinking Water: A History” …

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2016: The Year of Living Dangerously

2015 was a year of forward movement. Much of that could be in jeopardy this year.

We are at the start of a year of danger for environmental policy.  2015 saw many accomplishments in environmental law: the Administration issued the “waters of the United States” and Clean Power Plan regulations,  a Supreme Court ruling in favor of EPA’s cross-state air pollution rule, and the Paris Agreement on climate change.  Much of this progress is …

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Climate Politics as a War of Attrition

Don’t expect a quick end to battles over climate policy. It could be a long war.

It may be a mistake to assume that opponents of climate policy will see the handwriting on the wall and gracefully give way to the inevitable. In politics, decisions are rarely made for all time, and agreements between opposing sides may not be enforceable. In such situations, game theorists have proposed war-of-attrition models for conflicts. In …

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Key Environmental Developments Ahead in 2016

Here are seven of the most important developments affecting the environment.

2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …

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That Takes the Prize!

National Science & Technology Medals for Renewable Energy Research

The White House announced the names of the scientists and engineers who will be receiving National Medals next year.  I was very pleased to see that one of the winners of the National Medal of Science is Paul Alivisatos from Berkeley. Dr. Alivisatos is a chemistry professor who is also Director of the Lawrence Berkeley National Laboratory …

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Top 10 Environmental News Stories of 2015

More goods than bad, but some of each.

Here are the top ten stories, at least as I see them: A Warming World. 2015 will almost certainly be the warmest year on record. This is one more confirmation of recent studies indicating that either there was no climate hiatus or it has ended. Saving Wetlands and Water Bodies. EPA and the Army Corp …

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Newsflash: Senate Passes TSCA Reform

Photo credit: Jeffrey Dunn for Boston Lyric Opera © 2010

A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years

In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …

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COP 21 Battle over 1.5 Degree Global Target

The Contradictory Impulses in the Global Climate Negotiations

The Paris Conference of the Parties (COP) 21 negotiations are, not surprisingly, coming down to the wire with a number of contentious issues still unresolved.  One issue that has surprised, impressed and puzzled me is the debate about whether the agreement should incorporate a goal that the global community work to limit temperature increases to …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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Should the Court Stay the Clean Power Plan?

Opponents need to prove four things to get a stay. They may be unable to prove any of those.

Opponents of EPA’s landmark climate rule, the Clean Power Plan (a/k/a 111(d) regulation), are seeking to stay the effectiveness of the rule.  A stay is a variety of preliminary injunction, and the Supreme Court laid down four requirements for such orders in Winter v. NRDC: “A plaintiff seeking a preliminary injunction must establish [1] that he is …

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