judicial review

Comparing Canadian and US Environmental Law: Judicial Review

In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements.  I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries.  But …

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Court upholds polar bear “threatened” status

The first big opinion in the polar bear listing case is out. Score two for the Fish and Wildlife Service: the agency’s decision to list the bear as threatened under the Endangered Species Act prevailed against challenges from the Center for Biological Diversity on one side and the state of Alaska and hunting groups on …

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Ninth 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 …

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Climate Change versus the Benzene Case

The Benzene Case — more properly, Industrial Union Dept. v. American Petroleum Inst. — is almost thirty years old, but is still the Supreme Court’s most important statement on risk regulation.  After considering mountains of evidence, OSHA issued a rule restricting benzene in the workplace.  Benzene was known to be a carcinogen; the evidence was …

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