Pollution & Health
Deconstructing Today’s Supreme Court Arguments in Decker v. Northwest Environmental Defense Center
Legal Planet colleague Holly Doremus did an excellent job last week of previewing today’s U.S. Supreme Court arguments in Decker v. Northwest Environmental Defense Center, a potentially important case involving the scope of USEPA’s point source permit jurisdiction under the Clean Water Act. But given the results of those arguments and a major, late-breaking regulatory …
CONTINUE READINGThe strange saga of how Los Angeles County’s stormwater pollution ended up in the Supreme Court
Tomorrow, the Supreme Court will hear oral argument in Los Angeles County Flood Control District v. Natural Resources Defense Council. This case involves a lawsuit by clean-water advocates to require our County Flood Control District to take responsibility for ensuring that polluted stormwater doesn’t impair our local water quality in two local rivers. The Ninth …
CONTINUE READINGWhat to expect in the logging roads case
Cross-posted at CPRBlog. This coming Monday, Dec. 3, the U.S. Supreme Court will hear oral argument in the logging roads case. The case involves two consolidated petitions, Decker v. Northwest Environmental Defense Center and Georgia Pacific v. Northwest Environmental Defense Center , both challenging the same decision of the Ninth Circuit, Northwest Environmental Defense Center …
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CONTINUE READINGMore on BP’s guilty plea: it’s not just about the money
Cross-posted on CPRBlog. As already noted by Rick and Megan, last week BP pleaded guilty to 14 criminal counts arising from the 2010 Deepwater Horizon blowout in the Gulf of Mexico. Megan provided a good basic overview of the terms of the agreement. Here is the plea agreement itself. The amount of money BP has …
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CONTINUE READINGSuperfund and climate change
Over the last several years, it’s become fashionable in some circles to suggest that environmental law today reduces to climate change law. I’ve resisted that framing because I think it’s important to remember that “conventional” environmental problems still exist, still matter, and must be addressed by strategies beyond climate mitigation or adaptation. But the fact …
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CONTINUE READINGCan “Social Risk Assessment” protect China’s environment?
I’ve just returned from a month in Qingdao, China, so this story in the New York Times caught my eye. China’s new leadership has announced that it will require a social risk assessment before any major industrial project can be begun. The idea is to forestall the increasingly violent environmental protests that have caused the …
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CONTINUE READINGBP Agrees to Plead Guilty to Felony Charges Arising Out of Deepwater Horizon Disaster
The Wall Street Journal is reporting that British Petroleum has agreed to plead guilty to felony charges stemming from the Deepwater Horizon disaster that killed 11 workers and precipitated the worst offshore oil spill in U.S. history. As part of the plea bargain, BP has agreed to pay the federal government $4.5 billion in penalties, including …
CONTINUE READINGFrom Green Governor to Conservative Candidate: The Amazing Transformation of Mitt Romney
“EPA New England applauds Governor Romney for his strong environmental leadership.” That quote from EPA’s regional director in 2004 shows the extent of Romney’s transformation in the past eight years. It’s no secret that Mitt Romney’s current views on many issues differ from his actions as Governor of Massachusetts. Still, it’s a bit shocking to …
CONTINUE READINGThe Overly Facile Comparison Between Regulations and Taxes
Romney’s argument for a regulatory cap equates regulations with taxes. My initial reaction was that this was an absurd comparison – taxes are payments to the government, whereas regulations reduce externalities. But after further thought, I decided that my initial reaction was a little too facile. Regulatory costs do have some of the same economic …
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CONTINUE READINGThe Truth About EPA’s Regulation of Coal
EPA has been accused of killing the coal industry by insanely over-regulating coal-fired power plants and factories. The facts are different. The Congressional Research Service is a reliable, non-partisan source of information. Here is what CRS says about the impact of the EPA rules: The primary impacts of many of the rules will largely be …
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