Regulation
Damage Control for the States: Predicting the Outcome in AEP v. Connecticut
Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …
Continue reading “Damage Control for the States: Predicting the Outcome in AEP v. Connecticut”
CONTINUE READINGAEP v. Connecticut oral argument
This morning, the Supreme Court heard 75 minutes of oral argument in AEP v. Connecticut. My fellow blogger, Richard Frank, already gave us a preview of the arguments. SCOTUSblog has a nice recap of what happened this morning. I would just like to highlight a few points from the oral argument. First, the Justices seem …
Continue reading “AEP v. Connecticut oral argument”
CONTINUE READINGExplaining EPA’s Authority Under the Clean Air Act to Address Climate Change
In a new white paper by the Center for Progressive Reform (CPR), Amy Sinden and I try to clear up some misconceptions about climate change and the Clean Air Act. Critics of EPA maintain that the Clean Air Act is somehow an inappropriate tool to address greenhouse gas (GHG) emissions, and that EPA should be …
Continue reading “Explaining EPA’s Authority Under the Clean Air Act to Address Climate Change”
CONTINUE READINGThe War Against State Environmental Protection
Although much of the attention has been on Congress, states have also seen major budget-cutting efforts, with a disproportionate amount of cuts targeted on state environmental agencies. As the NY Times reports, Governor LePage summed up the animus while defending his program in a radio address. “Maine’s working families and small businesses are endangered,” he …
Continue reading “The War Against State Environmental Protection”
CONTINUE READINGOf Wolves and Men
It looks like one of the losers in the budget compromise will be the wolf. The Tester-Simpson rider, attached to the compromise federal budget bill, will delist wolves from the federal endangered species list in Montana, Idaho, Washington, Oregon and Utah. Heather Hansen, at CU Boulder, has a detailed blog post on the wolf. The …
Continue reading “Of Wolves and Men”
CONTINUE READINGWhite House review delays EPA mountaintop removal guidance
Cross-posted at CPRBlog. EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects pending review by the White House Office of Management and Budget. The announcement is bad news for Appalachian streams, and worse news for environmental interests hoping the Obama administration won’t completely …
Continue reading “White House review delays EPA mountaintop removal guidance”
CONTINUE READINGGood News from the Budget Negotiations?
It is, of course, absurd that the House, Senate, and White House are even negotiating about budget cuts in the midst of the Great Contraction. But it does seem that the environmental community has gotten something of a win — at least if you believe the Senators most closely involved in the negotiations: Under intense …
Continue reading “Good News from the Budget Negotiations?”
CONTINUE READINGUCLA Law Symposium: Perspectives on Climate Change
Please join us at UCLA Law School on April 15th for the 2011 Environmental Law Symposium, Perspectives on Climate Change, Pollution and the Clean Air Act. The keynote speaker will be Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. Please RSVP. You can also check out the program for more information. Panel …
Continue reading “UCLA Law Symposium: Perspectives on Climate Change”
CONTINUE READINGVideo and print materials online from our conference Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority
On February 11, UCLA Law hosted a symposium, Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority. This daylong conference addressed important new developments in local land-use law. We now have a webpage devoted to the symposium, including links to video recordings of all the day’s sessions, as well as written materials …
CONTINUE READINGNinth Circuit Rejects Commerce Clause Challenge to ESA
Aligning itself with four other federal circuits that have addressed the question, the Ninth Circuit has ruled that application of the Endangered Species Act to California’s imperiled Delta Smelt doesn’t violate the Commerce Clause of the U.S. Constitution. San Luis & Delta-Mendota Water Authority v. Salazar (http://www.ca9.uscourts.gov/datastore/opinions/2011/03/25/10-15192.pdf ) is the latest chapter in the long-running …
Continue reading “Ninth Circuit Rejects Commerce Clause Challenge to ESA”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
