Region: National
NEPA 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, …
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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 …
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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.
CONTINUE READINGThis Big Oil Sponsorship Just Got Dirtier
The Dodgers do business with a company that’s been polluting LA neighborhoods — and the climate — for years. Now, Phillips 66 faces federal charges of illegal wastewater dumping.
The Los Angeles Dodgers’ most prominent sponsor — Phillips 66, which owns 76 gas — was just indicted for violating the Clean Water Act by allegedly dumping hundreds of thousands of gallons of industrial wastewater from its Carson oil refinery into the LA County sewer system. The details are spelled out in a six-count indictment …
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CONTINUE READINGClimate Politics and Electoral Realignment
Some deep-seated dividing lines in U.S. politics seem to be eroding, with potential implications for climate policy.
The electorate is changing. Racial divisions are blurring, the GOP has gained a solid following among working class voters (especially whites), and college graduates and those with above median incomes have shifted to the Democrats. Among the many effects will be changes in the politics surrounding climate change. We will start to see an increased rate of success for advocates of climate actions in off-year and down-ballot races.
CONTINUE READINGA To-Do List For Biden
The clock is ticking, but there’s still time for a few important last things.
Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration. Here are a few of the most important efforts.
CONTINUE READINGU.S. Energy Industry Trends To Watch In A 2025 Trump Presidency
New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.
Allan Marks is a partner at Milbank LLP and a lecturer at UC Berkeley School of Law and UCLA School of Law. This article was originally published in Forbes, for which he is a contributor, on November 7, 2024. When Donald Trump returns to the Oval Office in January 2025, his second presidency will have …
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