Region: National
NEPA in the Supreme Court: The Seven Counties Oral Argument
Some arguments surfaced in the discussion that the Court would do well to ignore.
Several arguments popped up in the Supreme Court’s discussion of a major NEPA case that appealed to at least some of the Justices. We think that they would do well to rethink them. Each of the arguments distracts attention from what ought to be the key question: what impacts should the agency take into account in making its decision? We hope, when it comes time to draft opinions, the Justices will think through the arguments a little more fully and head in a different direction.
CONTINUE READINGNEPA in the Supreme Court — On the Eve of Oral Argument
Some thoughts about how the Court should define some limits on indirect effects.
Our paper on the proper scope of NEPA places heavy emphasis on foreseeability, but in an expanded version of the paper we consider some unusual situations where additional factors come into play. This additional analysis makes clear important limits on NEPA scope that we think address at least some of the concerns that have (appropriately) been raised about ever-expanding NEPA review and the risk that it will hamper efforts to develop needed infrastructure.
CONTINUE READINGTrump & Environmental Policy: The Sequel, Part I
Expect a lot of the same, but there could be some new twists.
They say that history never repeats itself, but it often rhymes. As in many sequels, there will be many things we’ve seen before. Much of that consisted in an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around. This will include massive regulatory rollbacks and expansion of fossil fuels regardless of environmental harms.
CONTINUE READINGCan the Major Question Doctrine Block Trump’s Excesses?
The doctrine has been hailed by conservatives. But it may come back to bite them.
The major question doctrine tells judges to be skeptical when the government leverage some vague or obscure law to support a dramatic, unprecedented action. Dramatic, unprecedented actions are Trump’ stock in trade. The major question doctrine just might be what we need to block him.
CONTINUE READINGNEPA and Loper Deference (Part II)
Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.
Dan provided a terrific overview of the legal issues involved in the D.C. Circuit’s recent decision holding that CEQ lacks authority to promulgate regulations and, therefore, that the regulations governing implementation of NEPA across the government for decades are ultra vires. I want to offer some additional observations focused on the potential practical implications. First, …
Continue reading “NEPA and Loper Deference (Part II)”
CONTINUE READINGYes, Virginia, There ARE Federal Climate Laws.
Contrary to myth, Congress has actually passed laws relating directly to climate change.
It’s a common misconception that Congress has never passed any climate change legislation. But Congresshas passed at least laws regulating two powerful greenhouse gases, as well as a series of other laws stretching back almost forty years. The story begins under President Nixon and extends into the Biden years with the multi-billion dollar Inflation Reduction Act.
CONTINUE READINGNew This Thanksgiving: Toxic Turkey
Losing the farm to PFAS, or losing PFAS on the farm?
As Americans gather to celebrate the harvest’s bounty, there are few revelations about our food supply more distressing than the 2024 news that sewage-derived fertilizer has contaminated millions of acres of U.S. cropland with toxic PFAS chemicals. Marketed as “biosolids” that enhance soil productivity, the voluminous outputs from wastewater treatment plants have poisoned productive lands …
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CONTINUE READINGWhat does the election mean for the EV transition?
Slower, less certain, and less equitable–with a new focus on local leadership
The election of Donald Trump and a Republican Congress poses a direct threat to environmental protection and climate policy across the board, including destructive agency heads, reduced clean energy funding, abandoned international agreements, and more federal judges openly hostile to science-based regulation in service of public and environmental health. It’s a bleak outlook from any …
Continue reading “What does the election mean for the EV transition?”
CONTINUE READINGEven in Dark Times, There are Still Reasons to be Thankful
The election was largely a disaster. But we’ve also seen some positive developments.
Trump’s triumphant return to power promises to be a disaster for environmental protection, casting a pall over all else. Even so, if you’re someone who cares about energy and environment, there are some things to be thankful for ithis year Here are a few.
CONTINUE READINGNEPA and Loper Deference
The CEQ regulations will continue to receive deference. The question is how much.
The Supreme Court already has a NEPA case on its docket for next year. That should give the Court the chance to clarify Loper as well as the scope of CEQ’s authority.
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