APA
NEPA and Remedies
Trying to solve the difficult challenge of reforming remedies for NEPA violations
Earlier this year, the Institute for Progress (a pro-permitting reform organization) published a series of proposals for changing remedies for agency violations of NEPA. There are good reasons to think about the problem. If any NEPA violation can stop an entire project, that can incentivize efforts to fly-speck environmental review documents to strategically stop projects …
Continue reading “NEPA and Remedies”
CONTINUE READINGThe Path to Abundance, Part III
Abundance reforms will pose difficult tradeoffs, including with environmental goals and public participation
This is the third post in a series of six posts. The first post is here. The second post is here. The reforms that abundance advocates have proposed are varied, in part because they target a wide range of policy areas. I will begin with housing as an example of the reforms being proposed – …
Continue reading “The Path to Abundance, Part III”
CONTINUE READINGThe Path to Abundance, Part II
Reducing legal and procedural obstacles to development is a necessary, but probably not sufficient, solution
This is the second post in a series of six posts. The first post is here. As I explained in my prior post, the United States (and indeed other countries) has not produced the level of infrastructure for housing or energy required to address housing demand, demand for energy to advance economic development, the needed …
Continue reading “The Path to Abundance, Part II”
CONTINUE READINGSupreme Court Deals Obama Administration Blow in Clean Water Act Case
Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach
The Supreme Court today dealt another blow to the Obama administration in a Clean Water Act case. The Court’s unanimous opinion in United States Army Corps of Engineers v. Hawkes Co., No. 15-290, addressed the finality of an Army Corps “approved jurisdictional determination” (JD) on whether a particular parcel of property contains “waters of the …
Continue reading “Supreme Court Deals Obama Administration Blow in Clean Water Act Case”
CONTINUE READINGMore on Sackett v. EPA
As Rick notes below, the Supreme Court has just agreed to hear a case arising from enforcement of the wetlands permitting requirements of the Clean Water Act, Sackett v. EPA (the link is to the 9th Circuit’s opinion). SCOTUSblog has links to the briefs at the cert stage. Rick explained that the genesis of this …
Continue reading “More on Sackett v. EPA”
CONTINUE READINGNinth Circuit affirms that ignorance is bliss
Lack of information is a continuing problem for environmental policy. In part, that’s unavoidable; we’ll never know enough about the world around us to be confident that we’re making the best choices. In part it is because potential regulatory targets control some needed information. And in significant part it’s because decisionmakers have a tendency to …
Continue reading “Ninth Circuit affirms that ignorance is bliss”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.
