Congress

Public Lands Watch: Arctic National Wildlife Refuge

Senate budget resolution being considered this week could open refuge to oil drilling

One of the longest lasting fights over the federal public lands has been whether to open up portions of the Arctic National Wildlife Refuge in Alaska to oil and gas development. The Refuge is one of the most important and largest protected areas in North America – it is unusual in that it protects the …

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How the filibuster shapes environmental law

Political structures affect how environmental law works

In case you haven’t noticed  recently, there’s been some national attention paid to how the US Senate operates.  In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …

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200 Days and Counting: Budget

What are the implications of changes to the federal budget for environmental law?

The Trump Administration has proposed draconian cuts to a range of environmental and science agencies, including the Environmental Protection Agency, the Department of Interior, NASA’s climate science work, and NOAA’s science and regulatory programs.  Here we’ll talk about the potential implications of dramatic budget cuts, and then the likelihood they will occur, at least for …

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200 Days and Counting: Legislation

What are the prospects for major environmental legislation in the near future?

From the perspective of environmental law, one of the most important questions is whether full Republican control of Congress and the White House would lead to fundamental changes to significant environmental laws.  These are the kinds of changes that would be most important over the long-run, from a legal perspective.  Laws are hard to pass …

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Guest Blogger Gregory Dotson: Is Scott Pruitt Calling for an Amendment to the Clean Air Act?

EPA Administrator Resorts to Misleading Rhetoric in Possible Prelude to Revisiting Massachusetts v. EPA

Since he was confirmed to lead the U.S. Environmental Protection Agency six months ago, Administrator Scott Pruitt has relied on three points when discussing the issue of climate change. He has cast doubt on the science by claiming it’s difficult to know the human role “with precision.” He has questioned the ability of the agency …

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CRA Update: What’s Been Overturned, What’s Still Standing?

Congress and Trump have done some major harm with this tool, but so far, not as much as feared.

We’re getting close to the deadline for Congress final chance to use its override authority under the Congressional Review Act to eliminate Obama Administrations regulations. The deadline for introducing new resolutions has already passed, and the deadline for voting ends around May 10. It’s not clear whether the Senate in particular will have time for …

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Is the Endangered Species Act a success?

Why the number of listed species that are no longer endangered is not a good measure of the Act’s success

The Republican-controlled Senate Environment and Public Works Committee held hearings a couple of weeks ago on “reforming” the Endangered Species Act.  (Coverage here and here, second link behind a paywall.)  An important theme of the hearing was arguments by Republican Senators that the ESA has failed because only a small fraction of species listed for …

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Pope Francis Goes to Washington

What he said and didn’t say

Pope Francis arrived in Washington, D.C. on Tuesday to begin a much anticipated trip to the United States. While here, the pope will visit DC, New York City, and Philadelphia. Pope Francis, a former chemist, has gained much attention for his calls for action on climate change, in addition to his focus on inequality and …

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TSCA Reform: That’s A Good Thing, Right?

Reform of the federal chemicals statute, the Toxic Substances Control Act (TSCA), is in the news again.  It got me wondering, are we are better off with the devil we know? In a legislative era characterized by harsh partisanship and excruciating deadlocks, there are signs that TSCA reform could be a rare example of cooperation …

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Political systems and environmental law

The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …

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