General
Will Anyone Have Standing to Challenge EPA’s Rules for New Coal Plants?
EPA has issued rules that will essentially require new coal plants to use carbon capture and sequestration, a technology that has not been implemented at full scale yet. No doubt that coal industry and utilities will try to challenge the rules in court. But they probably lack standing to do so for a simple reason: …
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CONTINUE READINGPrivate Flood Protection
Private flood control is no substitute for government action.
Last week, the NY Times had a story about Verizon’s new flood barrier for its Wall Street building, which is a designated landmark. On one level, it’s a pretty cool project — a portable barrier designed to keep out the water during a hundred-year storm (plus 2-feet for storm surge plus an extra foot to …
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CONTINUE READINGCongress Moves Forward on the Farm Bill
Congress conference committee considers Farm Bill, including numerous provisions with serious environmental consequences
Finally. There is a Farm Bill conference committee, and it began meeting last week. The Farm Bill is the vehicle for our major federal farm and food policy, including commodity subsidies, crop insurance, food assistance, and farm conservation. Congress let the 2008 Farm Bill expire on September 30, 2012, and we have been living on extensions ever since. Although the most …
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CONTINUE READINGPostcard from Barcelona
Looking at the Catalonian path to sustainability
Flying into Barcelona, it becomes immediately obvious that this is a city with its eye on a sustainable future. Right along the waterfront is a large photovoltaic array, perched on four giant supports. It is emblematic of a broader set of initiatives that, for a short time, placed Spain at the forefront of renewable energy …
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CONTINUE READINGNew 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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