environmental federalism

The Case Against Sulking

States will only lose out if they refuse to cooperate with the Clean Power Plan.

Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court.  He has been accused of inciting lawless behavior on the part of state governments.  Let me come to his defense on this.  (How often do I get to do that??) The states are under no legal obligation …

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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. …

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What does UUD mean?

A key legal standard in public lands law is being used by the Trump Administration to stop renewable energy, but in the long run the Administration’s position may advance environmentalists objectives.