Region: National
Evangelicals Versus Property Rights
Guess who invented the idea that property rights evolve with changing social values?
Today, evangelical Christians tend to be aligned with conservatives in defense of private property. But that was not always true. In the 19th and early 20th Centuries, evangelicals launched a major attack on property rights. As historian John Compton documents in a recent book, they also adopted the idea of the “living Constitution” to justify …
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CONTINUE READINGExploring Potential Challenges to EPA’s New Source Performance Standard: PART III
CCS for coal power plants, but not natural-gas power plants?
This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …
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CONTINUE READINGIs CCS the “best” system of emission reduction for coal-fired power plants?
Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II
This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …
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CONTINUE READINGEnvironmental Law as a Three-Legged Stool
Ad. Law provides the process and institutions, while Torts and Property concepts underly the substance.
Environmental law is a formidable tangle of long, complicated statutes and sometimes arcane judicial doctrines. But underneath all that, I’d like to suggest, there’s a very simple structure, rooted in legal basics. The procedural and structural framework for environmental law is provided by administrative law, supplemented in a few areas like Superfund by ordinary civil …
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CONTINUE READINGThe Future of Fire Policy
Climate change will require reconsideration of how we manage fire
It has been a brutal fire season here in California. It’s been brutal in part because of a historically bad drought. But unfortunately, the end of the drought (when it comes) will not be the end of our fire problems. Those fire problems are the result of long-term, human-caused trends that will only continue: climate …
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CONTINUE READINGFaculty Openings in Environmental Law
Some schools are still formulating their hiring plans, but others are clearly in the market.
Ax in past years, I’ve been collecting information about faculty openings in environmental, natural resources, and energy law. I’ll update this as I receive more information. Here’s what I’ve got so far: University of Delaware is seeking a Distinguished Named Professorship in Energy and the Environment. Environmental law scholars are encouraged to apply (UD has …
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CONTINUE READINGIs Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?
Exploring potential challenges to EPA’s New Source Performance Standard: PART I
This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …
CONTINUE READINGLast Week in Climate Change
Is climate action finally starting to develop momentum?
There was some good news last week for those of us who worry about the future of the planet,. Both inside and outside of Congress, Pope Francis spoke about the need to protect the environment and address climate change. Some conservative Catholics are eager to dismiss this as simply another misguided opinion by a left-learning Pope. But …
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CONTINUE READINGPope Francis Goes to Washington
What he said and didn’t say
Pope Francis arrived in Washington, D.C. on Tuesday to begin a much anticipated trip to the United States. While here, the pope will visit DC, New York City, and Philadelphia. Pope Francis, a former chemist, has gained much attention for his calls for action on climate change, in addition to his focus on inequality and …
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CONTINUE READINGWhat Does Ben Carson Think About the Environment?
He hasn’t said much. Mostly he sounds like Mitch McConnell. But sometimes he sounds like Pope Francis.
Ben Carson is rapidly rising in the polls for the GOP presidential nomination. He has a number of strengths including a demeanor that is the opposite of Donald Trump’s and an arresting personal story. Apparently, for many GOP voters, part of his charm is his lack of experience in politics or government. He has taken …
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