Region: National
Petroglyphs? We Don’t Need No Stinkin’ Petroglyphs!
So says the House Natural Resources chairman.
Henry Ford famously said “history is bunk.” A House committee chair went him one better today, dismissing prehistoric art with the term “bull crap.” Now that I’ve got your attention, here’s a little background. President Obama today designated a new 704,000 acre Basin and Range National Monument under the Antiquities Act. This immediately set off a …
Continue reading “Petroglyphs? We Don’t Need No Stinkin’ Petroglyphs!”
CONTINUE READINGCould a Riparian Conservation Network increase the ecological resilience of public lands?
A new article suggests river corridors could leverage existing policies to build habitat connectivity
As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …
CONTINUE READINGIndustry Will Try To Keep The Clean Power Plan From Taking Effect Pending Court Decision on Its Legality
Lobbyist Spin Has Begun
It’s no secret that the minute the Clean Power Plan is finalized (expected in the next couple of months), industry will sue to invalidate it. But before a court decides whether the Plan — which is designed to cut carbon emissions from the power sector by 30 percent — is legal under the Clean Air …
CONTINUE READINGMichigan v. EPA: Policymaking in the Guise of Statutory Interpretation
In Michigan v. EPA, the majority followed its own policy views, not those in the statute.
The majority opinion by Justice Scalia has gotten most of the attention. Most notably, he wrote that “[o]ne would not say that it is even rational, never mind “appropriate”, to impose billions of dollars in economic costs for a few dollars in health or environmental benefits.” Indeed, “[n]o regulation is ‘appropriate’ if it does significantly …
Continue reading “Michigan v. EPA: Policymaking in the Guise of Statutory Interpretation”
CONTINUE READINGInjecting Earthquakes
The scientific evidence shows a clear link between injection wells and earthquakes. The legal consequences are less clear.
A recent study of injection wells and earthquakes got a lot of press, but the reports missed an important nuance. The study, published in the June 19 edition of Science, found a definite connection between well injection and earthquakes. But there was an interesting wrinkle: “The scientists found that disposal wells were 1.5 times more likely to …
Continue reading “Injecting Earthquakes”
CONTINUE READINGInterpreting Michigan v. EPA
The opinion seems likely to have very limited repercussions.
In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have …
Continue reading “Interpreting Michigan v. EPA”
CONTINUE READINGMercury Rising: The Court Reverses EPA’s Regulation
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …
Continue reading “Mercury Rising: The Court Reverses EPA’s Regulation”
CONTINUE READINGJustice Roberts Relied on Utility Air Regulatory Group in Upholding Obama Subsidies
The Chief Uses Scalia’s Words Against Him and I Can’t Resist Saying “I Told You So”
Today’s opinion in King v. Burwell is a victory for common sense, not to mention for the millions of people who get subsidies under the Affordable Care Act to pay for health insurance. In determining that the subsidies for health insurance extend not only to states that established their own exchanges but also to individuals served …
CONTINUE READINGWhat’s at Stake in Michigan v. EPA, the U.S. Supreme Court Hazardous Air Pollutant Case?
Decision expected in next few days
Although King v. Burwell (the Affordable Care Act case) and Obergefell v. Hodges (the same sex marriage case) are garnering more attention, sometime between tomorrow and Monday the Supreme Court will also hand down its decision in Michigan v. EPA. In the Michigan case, the Court will decide whether EPA’s Clean Air Act rules to regulate hazardous air pollutants …
CONTINUE READINGThe Horse Manifesto
“The Law of the Horse” is a disparaging term for a legal field. We should embrace it.
It’s fairly common to refer to environmental law or energy law as being like the Law of the Horse – implying that they are somewhat ersatz legal fields. For those who are not familiar with the reference, The Law of the Horse was apparently the title of a legal treatise that collected all the cases …
Continue reading “The Horse Manifesto”
CONTINUE READING