Pollution & Health
Supreme Court: North Carolina Tort Plaintiffs Can’t Sue for Latent Injuries from Contaminated Sites
Court holds that federal law doesn’t preempt state statutes of repose
This morning, the U.S. Supreme Court issued its decision in CTS Corp. v. Waldburger. In this case, which my colleague Jesse Lueders described and analyzed in detail here and here, the Court had to decide whether state statutes of repose can bar tort lawsuits by people harmed by latent injuries from toxic contamination, by imposing …
CONTINUE READINGThe Top 10 Reasons Why EPA’s Powerplant Rule is like Obamacare
Death Panels! War on Coal!
Opponents in Congress have likened EPA’s proposed rule covering greenhouse gas emissions to Obamacare. In fact, one called it “Obamacare 2.0”. In a helpful spirit, I thought it would be edifying to list the similarities: 1o. The powerplant rule and Obamacare both give state government a major role. 9. They were both endorsed by President Obama. …
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CONTINUE READINGGuest 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, …
CONTINUE READINGJustice Scalia’s Puzzling Dissent
Justice Scalia’s dissent in EME Homer contains a number of unusual lapses in substance and tone.
As I’ve been studying the opinions in EME Homer, I’m increasingly struck by the oddities of Justice Scalia’s dissent. There was a flap last week about his blunder, later quietly corrected, in describing one of his own past opinions. But that’s not the only peculiarity of the dissent. As a quick reminder, EME Homer involved EPA’s effort to deal with interstate …
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CONTINUE READINGWhat’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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CONTINUE READINGQuantifying 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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CONTINUE READINGA Victory for Clean Air
The D.C. Circuit has upheld EPA’s regulation of mercury from coal-fired plants. We can all breath easier as a result.
EPA won an important victory in the D.C. Circuit today. In White Stallion Energy Center v. EPA, the court upheld EPA’s new regulations limiting mercury from coal-fired power plants. The main issue in the case was about a threshold requirement for regulation. Before setting limits on mercury from coal plants, EPA had to consider studies of …
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CONTINUE READINGStatutes of Limitations, Statutes of Repose, and Latent Harms
Can plaintiffs harmed years after exposure to toxic substances seek relief?
You may not have heard of CTS Corp. v. Waldburger. At a glance, it is relatively unremarkable, a private nuisance suit between landowners and a retired manufacturing facility. Much of the work on the plaintiffs’ side has been handled by students. In a sense, the case hasn’t even begun yet—a judge found that the plaintiffs waited …
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CONTINUE READINGRand Paul versus Clean Water
Rand Paul’s plan to cut wetlands protection and make enforcement against polluters impossible.
Rand Paul recently won a big victory in the straw poll held by CPAC,the Conservative Political Action Conference. In the environmental area, his signature measure is the Defense of Environment and Property Act. On its surface, the goal of the law is to cut back on federal jurisdiction over wetlands. The bill would drastically cut back …
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CONTINUE READINGHow Responsible Are Americans for China’s Pollution Problem?
An online conversation from several perspectives
Yesterday, I participated in an online conversation at Chinafile.com on the question of “How Responsible Are Americans For China’s Pollution Problem?” I post the lead comment by David Vance Wagner of the International Council on Clean Transportation along with my response. Elizabeth Economy from the Council on Foreign Relations and Isabel Hilton of Chinadialogue.net (among …
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