interstate pollution

2020 in the Courts: A Preview

Some major new cases will be filed; older ones will result in major decisions.

There are going to be some significant environmental cases over the next year. In addition, some important new cases will be filed now or in the near future, which may have produced some interesting rulings. It will probably take more than a year, however, for some of the big new cases down the turnpike to …

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Should the Feds Leave Regulation to the States?

The more we’ve learned about environmental problems, the less they seem purely local.

Voices in and out of the Trump Administration have called for a shift responsibility for environmental protection to the states. Given that none of them has ever shown enthusiasm for state environmental protection, it’s possible whether their rule concern is federalism or deregulation. (In fact, as NYU’s Ricky Revesz points out, Pruitt has generally opposed …

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How States Can Defend Themselves Against Trump

States have a number of tools for protecting their own environments from the Feds.

Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants.  Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations.  There are a number of mechanisms states can use to defend their own environments, if not the …

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Justice Scalia’s Puzzling Dissent

Justice Scalia’s dissent in EME Homer contains a number of unusual lapses in substance and tone.

As I’ve been studying the opinions in EME Homer,  I’m increasingly struck by the oddities of Justice Scalia’s dissent.  There was a flap last week about his blunder, later quietly corrected, in describing one of his own past opinions.  But that’s not the only peculiarity of the dissent. As a quick reminder, EME Homer involved EPA’s effort to deal with interstate …

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Supreme Court Grants Cert. in Interstate Pollution Case

The Supreme Court agreed this morning to review a D.C. Circuit opinion that had struck down EPA’s effort to curb interstate pollution.  This is welcome news.  As I wrote when the lower court ruled: Now that I’ve had a chance to read the lengthy opinion in EMR Homer City Generation v. EPA, I’m struck by …

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