General
New Standing Barriers Erected for Federal Court Climate Change Litigation
Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts
In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …
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CONTINUE READINGELQ’s Annual Review issue now available online
Every year, Ecology Law Quarterly publishes its Annual Review of Environmental and Natural Resource Law. The latest version is now available at ELQ’s web site. Check out these articles from the issue. You’ll find they cover a tremendous amount of ground in a way that is both educational and entertaining. And at the ELQ site …
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CONTINUE READINGA Big Step for the Montreal Protocol
Parties to the Montreal Protocol will hold their 25th meeting next week in Bangkok. In addition to all their normal business related to the continuing phasedown of ozone-depleting substances (ODS), parties at this meeting will consider a huge step, in the form of proposals to amend the Protocol to phase down Hydrofluorocarbons (HFCs). Proponents of …
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CONTINUE READINGSupreme Court Grants Cert on One Aspect of Greenhouse Gas Emissions Suit
Court lets stand endangerment finding, rules regulating emissions from automobile tailpipes
This morning, the Supreme Court announced that it has granted six of the nine petitions challenging the D.C. Circuit Court of Appeals ruling upholding the Environmental Protection Agency’s rules regulating greenhouse gases under the Clean Air Act. The Court granted cert on only a single question (petitioners had raised a number of them): Whether EPA …
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CONTINUE READINGWhere Have You Gone, Justice Stevens?
The Supreme Court Misses Justice Stevens’ Influence & Perspective on Environmental Law
With the commencement of the U.S. Supreme Court’s new Term, it’s appropriate to note–and bemoan–the absence of a strong environmental voice on the Court these days. Until his retirement in 2010 after a quarter century on the Court, Justice John Paul Stevens ably served in that role. By contrast, none of the current justices seems …
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CONTINUE READINGMass. v. EPA bears fruit for environmental petitioners
Court rules that EPA must decide if new water quality standars are needed to protect the Gulf of Mexico
Cross-posted at CPRBlog. A US District Court in Louisiana recently ruled, in Gulf Restoration Network v. Jackson, that EPA must decide whether it has to impose new water quality standards for nutrient pollution in the Mississippi River watershed. Although that might seem far afield from the Supreme Court’s greenhouse gas emissions decision in Massachusetts v. …
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CONTINUE READINGNot all drones are weapons of war
Scientists promote low-cost aerial drones as conservation tools
Speaking of visualizing environmental problems, they are hidden for different reasons and therefore can be revealed by a variety of different mechanisms. Drones are one tool with a great deal of potential. Aerial drones have gotten a lot of attention as weapons of war or counterterrorism in the U.S. arsenal. Whatever you think about the …
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CONTINUE READINGCalfiornia Bans Lead Ammunition
New Law Is Welcome, But Probably Won’t Take Full Effect Until 2019
California Governor Jerry Brown has signed legislation that will ban the use of lead ammunition in California by hunters. In approving AB 711 (Rendon), Brown withstood furious lobbying efforts by the National Rifle Association and some (but not all) hunting organizations, who had urged the Governor to veto the legislation. AB 711 was supported by …
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CONTINUE READINGHappy Birthday, TSCA!
With the Toxic Substances Control Act (TSCA) celebrating its 37th birthday today, I was thinking what we should get it as a birthday gift. Here’s one idea; how about a little respect. I’ve blogged before about how the statute has become one of the most denigrated environmental laws on the books. It seems that every …
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CONTINUE READINGProgress In Biosolids Management Illustrates Challenges For Innovation
Cross-posted at the ReNUWIt blog. A pilot project to convert biosolids from Delta Diablo Sanitation District’s wastewater treatment plant will begin next year in Antioch. The prize would be recovery of energy content from biosolids that, if successful and expanded to a national scale, will move the entire wastewater treatment industry in the direction of producing …
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