Region: National
Upcoming Regulatory Cases in the Supreme Court
Two pending cases could result in big cuts to agency powers
Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …
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CONTINUE READINGHow Major Corporate Fleets Can Drive Responsible and Sustainable EV Battery Supply Chains
New CLEE/Ceres report released today with recommendations for corporate EV fleet managers
The electric vehicle (EV) market is growing rapidly, but with this growth comes public pressure to ensure supply chains for EV batteries are sustainable. The soaring demand for batteries relies heavily on the extraction and refinement of critical minerals, processes that have far-reaching environmental and social impacts. Moreover, the global distribution of these operations leaves …
CONTINUE READINGBowing to the Inevitable
The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.
On August 25, EPA and the Army Corps of Engineers (“the agencies”) issued a joint rule, which modifies their previous rule on federal jurisdiction under the Clean Water Act in order to conform with the Supreme Court’s Sackett decision. Sackett was a deeply misguided and harmful ruling — but it is nevertheless the law. The …
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CONTINUE READINGCan we make a map for wastewater innovation?
…or even a guidebook?
During one phase of my misspent youth, I travelled by bicycle in search of adventure and insight. (Hang with me, this relates to environmental management, and I’ll get to that soon.) On one tour, I started in Vietnam, ending up in Pakistan a couple years later, having made some detours and added other means of …
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CONTINUE READINGThe Contradictory Attacks on Biden’s Climate Programs
“Job Killing” or “Overheating the Economy” — Which Is It?
“Job-killing regulations” is a longtime conservative meme. That attack has now been joined by the claim that major new spending for clean energy is overheating the economy. The inflation claim is new, prompted by the passage of the 2021 Infrastructure law and the 2022 IRA. And if they were both right, the two problems would …
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CONTINUE READINGAnother Supply Chain Issue
Less exotic than rare earths but also needed: energy law teachers.
To make the energy transition work, we’ll need a lot more energy lawyers. That means a lot of energy law profs to teach them — many more than we have today. Law schools are waking up to the need to hire in the area. So if you’re thinking of law teaching, it could be worthwhile …
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CONTINUE READINGWill More States Add Green Amendments to Their Constitution?
UCLA’s Mary Nichols weighs in on the groundbreaking youth climate decision in Montana and the “drumbeat of litigation” that could follow.
Eight simple words helped youth plaintiffs in Montana win their landmark climate lawsuit against the state: “the right to a clean and healthful environment.” The 103-page decision by a state court judge wades through loads of testimony and evidence, but it all comes back to that simple constitutional guarantee. A handful of other states have …
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CONTINUE READINGIs Capitalism to Blame?
Some people think we need to abolish capitalism to save the environment.
Bernie Sanders has a book called It’s OK to be Angry at Capitalism. There are certainly a lot of people across the political spectrum who feel that way. Capitalism is blamed for environmental destruction by many of the more radical segments of the Left. That’s not too surprising given the historic connection between the more …
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CONTINUE READINGClimate Change Got 4 Minutes in the GOP Debate
Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.
The topic of climate change got about 4 minutes of airtime during the first half of the first presidential primary debate held this week by Fox News. That’s actually a pleasant surprise when you think about it: human-caused global warming came up before Donald Trump’s indictments. In case you missed it, the full transcript of …
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CONTINUE READINGClimate Change & the 1st GOP Debate
Mostly, they didn’t want to talk about the issue. They certainly didn’t want to talk about solutions.
Somewhat to my surprise, there was a question at the first GOP debate about climate change. The candidates’ pre-debates views, which the NY Times helpfully collected, provided insight into possible directions for GOP energy policy. It’s even possible that reality has started to make a dent into the party;’s reflexive climate denial. The climate question …
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