Administrative Procedure Act

200 Days & Counting: Pollution and Climate Change

Trump and Pruitt want to take an ax to EPA regulation. That will be harder than they think.

Rolling back EPA regulations is one of the Trump Administration’s priorities. The most notable example is Obama’s Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not …

CONTINUE READING

The Lost World of Administrative Law

The regulatory process has become more opaque and less accountable. We need to fix that.

Every year, thousands of law students take a course in administrative law.  It’s a great course, and we wish even more students took it.  But there’s a risk that students may come away with a vision of the regulatory process that is increasingly disconnected with reality.  Worse, the leading judicial opinions on the subject suggest …

CONTINUE READING

Mass. v. EPA bears fruit for environmental petitioners

Court rules that EPA must decide if new water quality standars are needed to protect the Gulf of Mexico

Cross-posted at CPRBlog. A US District Court in Louisiana recently ruled, in Gulf Restoration Network v. Jackson, that EPA must decide whether it has to impose new water quality standards for nutrient pollution in the Mississippi River watershed. Although that might seem far afield from the Supreme Court’s greenhouse gas emissions decision in Massachusetts v. …

CONTINUE READING

Supreme Court Sides With Property Owners in Wetlands Dispute With USEPA

The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …

CONTINUE READING

TRENDING