General
How the filibuster shapes environmental law
Political structures affect how environmental law works
In case you haven’t noticed recently, there’s been some national attention paid to how the US Senate operates. In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …
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CONTINUE READINGCalifornia’s AB 313–A Solution in Search of a Problem
Governor Brown Should Veto Ill-Conceived Bill That Would Undermine State Water Board’s Enforcement Authority
Overall, the California Legislature had a most productive year when it comes to environmental issues. It extended until 2030 the cap-and-trade program that’s a centerpiece of the state’s ongoing efforts to reduce California’s aggregate greenhouse gas emissions. It passed the mis-named “gas tax” legislation, which not only provides funding to rebuild California’s once-proud but now …
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CONTINUE READINGGuest Blogger Michael Wara: The Trump Administration Moves to Guarantee Profits for Coal-fired and Nuclear Power Plants
Finally, something anti-regulation conservatives and pro-environment progressives can agree on: dislike of the Sec. Perry’s Resilience and Reliability NOPR
The gloves came off last week when it comes to the Trump Administration’s attempts to subsidize coal in U.S. electricity markets. On Friday, Energy Secretary Rick Perry formally requested that the Federal Energy Regulatory Commission guarantee profits for both new and existing coal fired and nuclear power plants. While Sec. Perry doesn’t have the power …
CONTINUE READINGRyan Zinke’s Troubling Remarks Undercut Dept. of Interior’s Core Mission
Comments to Oil Trade Association Attack Agency Staff, Dismiss Environmental Safeguards
At a recent meeting of the American Petroleum Institute (the national oil company trade association), Interior Secretary Ryan Zinke made clear some of his plans for the Department of the Interior. According to AP reporting, he called almost 1/3 of employees disloyal, said he plans to speed up oil and logging permits, and revealed a …
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CONTINUE READINGA Mighty Wind
The Great Plains are wind power’s firewall of Republican support in Congress.
You might find this a bit surprising, but wind power has a solid political base in key Republican states. It’s a case of economics outweighing politics. Here are the top five states for wind power: Rank State Installed Capacity* 1 Texas 20,320 2 Iowa …
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CONTINUE READINGZinke’s Report Recommends Downsizing or Loosening Restrictions in 10 National Monuments
Report Lacks Details on Boundaries but Recommends Management Changes to Permit Wider Range of Uses
Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had been reported last month. The Post released a leaked copy of Zinke’s recommendations that were submitted to President Trump on August …
CONTINUE READINGEnvironmental Protection and the Rule of Law
A Report from the Second Inter-American Congress on Environmental Rule of Law
I am back from attending the Second Inter-American Congress on Environmental Rule of Law, hosted by the Supreme Court of Chile in Santiago and planned by the Organization of American States, UN Environment, IUCN World Commission on Environmental Law, and other partners. For the past five years since the 2012 Rio+20 conference (20 years after the …
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CONTINUE READINGState of Play: Trump v. the Environment
Here’s a roadmap to what he’s done — and how things will probably unfold.
How has Trump impacted environmental law? What’s going to happen next? CLEE has issued a new report assessing the state of play in environmental law seven months of the Trump presidency. The report, 200 Days & Counting, reviews the Administration’s environmental proposals and offers a glimpse into what may be coming down the pike. The report focuses …
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CONTINUE READINGGuest Bloggers Rob Verchick and Matt Shudtz: Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case
Professors Argue Fifth Circuit Decision Upsets Federal/State Court Balance, Will Prevent States from Relying on Their Own Laws to Protect Important Natural Resources
Last month, more than two dozen law professors from around the country filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas …
CONTINUE READINGOur Broken Flood Insurance System
It’s not just Houston. The National Flood Insurance Program is also underwater.
When people have gotten past the emergency of Hurricane Harvey, thoughts will turn to rebuilding. That requires money. Some of it may come in direct grants from the federal government, but flood insurance is the core source of funding for many people. Private insurance policies generally exclude flooding, so the main source is the National …
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