Search Results for: NEPA
New NEPA procedures for offshore drilling
Cross-posted at CPRBlog. Today the White House Council on Environmental Quality issued a report on the NEPA analysis that preceded exploratory drilling at the ill-fated Macondo well in the Gulf of Mexico, together with recommendations for improving NEPA analysis in the future. According to CEQ, the Bureau of Ocean and Energy Management (successor to the …
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CONTINUE READINGSupreme Court takes another NEPA remedies case
The U.S. Supreme Court has granted review of the Ninth Circuit’s decision in Monsanto Co. v. Geertson Seed Farms. The grant is pretty clearly a follow-up to Winter v. NRDC, the sonar case from last term, in which the Court reversed an injunction the Ninth Circuit had imposed limiting the use of mid-frequency active sonar …
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CONTINUE READINGConfronting Uncertainty Under NEPA
Quantifying risks with confidence is often difficult. For the past thirty years, agencies and courts have struggled with the treatment of uncertainty in environmental impact statements. This problem is all the more important today. Climate change will require innovative solutions – new energy technologies, new adaptation strategies. These innovations will inevitably pose risks, often in …
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CONTINUE READINGNEPA: middle-aged, but still vigorous
The National Environmental Policy Act, which became law on January 1, 1970, is the oldest of the major federal environmental laws. It has been a model for environmental assessment laws in numerous states and other nations, but it still comes in for a lot of criticism at home. Some criticisms are surely justified. As Dan …
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CONTINUE READINGNEPA and terrorism
To what extent does the Nuclear Regulatory Commission have to consider the threat of terrorist attack in the environmental analysis it undertakes for nuclear power plant licensing decisions? A March 31 decision from the Third Circuit, New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission, creates a circuit split on that question. In the …
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CONTINUE READINGRediscovering the Lost Promise of NEPA
NEPA — the National Environmental Policy Act — is the forgotten elderly relative of environmental law. Its requirement of environmental impact statements is now frequently avoided by a clever workaround. Rather than issuing an environmental impact statement, an agency adopts mitigation measures that are supposed to reduce the legal of environmental impacts below the trigger …
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CONTINUE READINGCan NEPA save the world?
New Scientist‘s blog, Short Sharp Science, reports that repairs on the proton-smashing Large Hadron Collider at Europe’s CERN may be complete by September. What’s the environmental law connection? You might recall that before the LHC was briefly fired up in September 2008 (it only worked for 9 days before crashing), a lawsuit was filed in …
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CONTINUE READINGMrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart. More about Palsgraf in a moment. It’s a tort case, so it won’t surprise you that oil companies use similar arguments against having to pay damages for climate change. But it may be more …
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CONTINUE READING35 Major Climate Initiatives Under Biden
By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.
In light of President Biden’s withdrawal from the 2024 presidential race yesterday, we thought it was appropriate to update this piece about the climate legacy of the Biden-Harris Administration. In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has …
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CONTINUE READINGThe Ten Most Important U.S. Environmental Laws
Some of the choices may surprise you.
What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.
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