Region: National
Evaluating Voluntary Agreements in the Bay-Delta Watershed
by Nell Green Nylen, Felicia Marcus, Dave Owen, and Michael Kiparsky
Updates to flow and other regulatory requirements for California’s Bay-Delta watershed are long overdue. For much of the last 12 years, state political leadership has prioritized efforts to develop voluntary agreements (VAs) with water users over completing updates to the watershed’s water quality standards. Now the State Water Resources Control Board has restarted the regulatory …
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CONTINUE READINGThe Statutory EIS Process: A Primer
Last year, Congress tried to codify NEPA law. Here’s how the process is supposed to work.
Because NEPA’s discussion of environmental impact statements (EIS) was very brief, the requirements and procedures were elaborated by courts and guidance from a White House office. That changed in 2023, because much of the subject is now covered explicitly by new statutory language.. Thus, NEPA is a bit less of a “common law” subject than …
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CONTINUE READINGClimate Election 2024: Trump Plans to Drain the EPA
The battle plan for a second Trump term includes reinstating Schedule F to remove climate experts from the U.S. government.
Donald Trump could “F” the federal government. Literally. Far-right policy strategists are laying plans, largely endorsed by the Trump campaign, for getting rid of federal government workers who might otherwise stand in the way of a radical deregulation agenda. It’s called “Schedule F,” and it could be used to strip employment protections from as many …
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CONTINUE READINGWindmills are Killing Our Donuts! And It’s All Biden’s Fault!
A peek inside the mind of a leading presidential candidate.
Donald Trump has been talking a lot about donuts lately. Donuts, it seems, are threatened by renewable energy and depend on fossil fuels. Maybe because he’s heard that they’re cooked in oil? Trump’s knowledge of cooking is likely pretty minimal, given that it’s unlikely he’s ever been inside a kitchen. And windmills are terrible, just …
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CONTINUE READINGThe Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to …
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CONTINUE READINGPower Play: The Effects of Overruling Chevron
Who will win and who will lose if Chevron is overruled?
Next week, the Supreme Court will hear oral arguments about whether to overrule the Chevron doctrine. That doctrine allows administrative agencies that implement statutes to resolve ambiguities in those statutes. Overruling the doctrine would shift that power to courts. Institutionally, then, judges would be the big winners, with more sway over how laws are implemented. …
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CONTINUE READINGSaving the Planet, One Case at a Time
These 50 law school clinics are doing vital work on environmental issues across the country.
Law school clinics are where the proverbial rubber meets the road. They introduce students to the realities of lawyering. Often, they are a law school’s most important form of public service. Environmental law clinics have blossomed across the country. Today’s post provides a directory to the clinics. There are several sites that promise comprehensive lists …
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CONTINUE READINGThe Bumper Crop of New State Climate Policies Since July.
State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.
State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …
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CONTINUE READINGInequality Today: Unfinished Work
The first step in addressing the problem is to be clear about the facts.
More than a half century after Martin Luther King’s death, his work is still unfinished. Sadly, despite his efforts and those of many others, inequality remains a reality along multiple, interrelated dimensions: race, income, and geography. Inequality is not merely economic; it involves differences in health and life expectancy — and in exposure to pollution …
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CONTINUE READINGJudicial Activism and Climate Change: An Unhealthy Combination
The trial judge in the Juliana case won’t give up, no matter what higher courts say..
An Oregon federal judge has convinced herself that climate change is a constitutional issue. After what promises to be a lengthy trial, Judge Aiken plans to decide whether U.S. energy policy passes constitutional muster. While I have no doubts about her sincerity and good intentions, her opinion itself shows why her courtroom is not the …
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