NEPA

Pine Beetles, Environmental Law, and Climate Change Adaptation

Inflexible laws may be the best response to climate change

Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta.  As a result of warmer winter weather because of climate change, …

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Not With a Bang, But With a Whimper…

As the current U.S. Supreme Court term winds down–the justices’ final opinions are due next week–attention begins to turn to the Court’s next session, scheduled to begin in October 2013. Until this week, the justices had one environmental law case on their docket for next year: U.S. Forest Service v. Pacific Rivers Council, No. 12-625. …

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NEPA Saves the World!

Well, not really.  But in some circumstances it might have helped. Consider the civil unrest now roiling Turkey.  It began over protests against the government’s plan to turn a much-beloved, historic urban park into a mosque and shopping mall.  But as many news reports have indicated, the point was not simply the plan, but the high-handed …

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U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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How the Pacific Rivers Council case could affect environmental law

As Rick has already noted, a couple of weeks ago the Supreme Court granted cert to review the Ninth Circuit’s decision in U.S. Forest Service v. Pacific Rivers Council.  Rick expressed pessimism about whether the Ninth Circuit’s decision would be upheld in the Supreme Court.  I think he’s probably right about that, but there are …

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U.S. Supreme Court Grants Review in Pacific Rivers Council Case

Today the U.S. Supreme Court granted certiorari in a major forestry and NEPA case from the Ninth Circuit Court of Appeals: U.S. Forest Service v. Pacific Rivers Council, No. 12-623. The case will be argued and decided in the Court’s next (2013-14) Term. The issues the justices have agreed to consider in Pacific Rivers Council are threefold: …

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Can “Social Risk Assessment” protect China’s environment?

I’ve just returned from a month in Qingdao, China, so this story in the New York Times caught my eye. China’s new leadership has announced that it will require a social risk assessment before any major industrial project can be begun. The idea is to forestall the increasingly violent environmental protests that have caused the …

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Five Ideas for Regulatory Reformers

Duke is hosting a conference on Monday (10-4 ET) about conservative approaches to environmental protection.  (livestream here).  Here are a few ideas to throw into the mix:

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40 years hasn’t taught some agencies much

Cross-posted at CPRBlog. You would think that by now federal agencies would have the NEPA process pretty well down. After all, it’s been the law since 1970, requiring that every federal agency prepare an environmental impact statement before committing itself to environmentally harmful actions. And it’s not that hard to do. Agencies just have to …

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On This Date in History

Exactly forty-two years ago, President Richard M. Nixon signed the National Environmental Quality Act into law on January 1, 1970.  Among other remarks, he had this to say: [A] major goal, when you talk about New Year’s resolutions, I wouldn’t say for the next year but for the next 10 years–and I don’t mean that …

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