environmental protection

Judge Garland Has a Strong Record of Environmental Protection

If Ever Confirmed, He’s a Good Bet to Uphold the Clean Power Plan

President Obama’s nomination to the U.S. Supreme Court, Judge Merrick Garland, has a record on the D.C. Circuit Court  that environmentalists should celebrate. He is almost always deferential to agency interpretations of statutes, including environmental ones (SCOTUSblog has a good summary of his record through 2010 on agency deference). When he has not deferred to …


EPA’s crime on its 40th birthday? Having accomplished too much

EPA head Lisa Jackson waded into hostile territory yesterday with a Wall St Journal editorial defending the agency and its work.  It’s EPA’s fortieth birthday, and she uses the occasion to acknowledge forthrightly that “[w]e reach this milestone exactly one month after the midterm elections strengthened the influence of groups and individuals who threaten to roll back …


A Supreme Court Speed-Bump for Coeur Alaska

With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …