General

Guest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …

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China’s Pollution Challenge

Can a new law save China’s environment?

Benjamin van Rooij and I published the following in the New York Times op-ed page today.  In short, it is about the challenges the new Environmental Protection Law will face in practice and the critical reforms needed to overcome these challenges: China’s national legislature has adopted sweeping changes to the country’s Environmental Protection Law, revisions …

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Of Corn and Climate

Trouble may be brewing in the corn belt.

We continue to gain a better understanding of the impacts of climate change, which are sometimes subtle and unexpected.  Two articles in Science report significant new research. The first report comes from two researchers at the University of Illinois.  Corn, like other plants, needs to pull CO2 from the air for photosynthesis.  But the same tiny …

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Raisins D’Etre?

Further proof that takings law is a mess, from a case involving government support for raisin growers.

Horne v. USDA might well have been a law professor’s hypothetical.  In order to smooth out raisin prices, the federal government has a program of taking “surplus” raisins off the market and diverting them to “non-competitive markets” like foreign countries and school lunch programs.  The effect is to keep up market prices for raisins.  The …

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Thom Tillis, the GOP Establishment, and the Environment

Tillis is not a Tea Party extremist on regulatory issues, but he’s also been no friend of environmental protection .

Thom Tillis’s victory in the North Carolina primary for U.S. Senate was widely seen as a victory for the Republican Establishment over the Tea Party.  What does this mean on environmental issues? In other word, where do “Establishment Republicans” stand on the environment? In Tillis’s case, lowering regulatory costs seems to be the highest priority. …

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A summer course for foreign lawyers interested in US environmental law

This summer Berkeley Law is providing an exciting opportunity for lawyers around the world who are interested in learning more about US environmental law. Our seventeen-day course in late June and early July provides a thorough grounding in all the major issues in US environmental law (ranging from air pollution to natural resources, water rights …

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What’s in a Name?

Supreme Court arguments surround the policies and effects of limitations periods

A few weeks back, I posted about CTS Corp. v. Waldburger, a case then awaiting oral argument in the Supreme Court.  As you may recall (or as you can read here, with links to relevant documents), Waldburger involves hazardous waste contamination, and a provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that …

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Quantifying Environmental Justice (& Injustice) in California–An Update

California Improves an Already-Powerful Environmental Justice Analytical Tool

A year ago, I wrote about an important environmental justice initiative pioneered by the California Environmental Protection Agency and its subsidiary entity, the Office of Environmental Health Hazard Assessment. That 2013 initiative, titled CalEnviroScreen, divided up the State of California by zip code, applied 11 environmental health and pollution factors, assessed each of the state’s …

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Ending Corporate Welfare for Oil

“There Will Be Blood” was the title of 2007 movie about an old-time oilman. If you were doing a similar movie about the situation today, you might call it, “There Will Be Tax Write-Offs.” The taxpayers have been generous to the industry. Oil companies get about $5 billion per year in favored tax treatment.  Mostly, …

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Breaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules

Huge victory for EPA in regulating air pollution that crosses state lines

The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA.   Both cases …

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