States
Happy 50th Anniversary, Federal Clean Water Act
One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. It’s proven to be one of the most successful of America’s bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed …
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CONTINUE READINGSenate 2022: North Carolina
An anti-environmentalist is favored but the challenger has a fighting chance.
The Senate race in North Carolina may be a bit of a stretch for Democrats, but it’s not out of reach. The contrast between the candidates on environmental issues is particularly stark. Cheri Beasley (D). Her website describes her as “a mom, former public defender, judge, and the first Black woman to serve as Chief …
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CONTINUE READINGWhat Do Pig Pens Have To Do With Environmental Law?
Constitutional Challenge to California’s Animal Welfare Law Could Have Profound Impacts on State’s Environmental Laws
Today the U.S. Supreme Court will hear oral arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State’s environmental laws and policies. The case is National Pork Producers Council v. Ross, No. 21-468. The National Pork Producers Council litigation arises from an initiative measure–Proposition …
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CONTINUE READINGSenate 2022: Pennsylvania
Two unconventional candidates face off in a crucial swing state.
This is an open seat due to Pat Toomey’s retirement. It’s also an election that could go either way, though there are some signs that the Democrats may have an edge. And finally, it’s probably also the Democrats’ best pickup opportunity. Neither candidate comes from central casting, which makes it an especially interesting race. John …
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CONTINUE READINGSenate 2022: Georgia
The environmentalist incumbent faces a tight race.
Georgia is a toss-up state that both parties view as a must-win. I suppose it says something that both candidates for the Georgia Senate are Black, which may be a first for a Southern state, or perhaps anywhere. GOP insiders are reportedly concerned about their candidate’s ability to mount a successful challenge to the incumbent. …
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CONTINUE READINGSenate 2022: Nevada.
A tight race between two low-key candidates.
The Nevada Senate race may be more about Biden and Trump than the actual candidates. It’s another toss-up contest, though some observers see signs it may be shifting in favor of the Democrats. Catherine Cortez Masto (D). Cortez Masto’s campaign website calls her “an independent voice for Nevada who works with Democrats, Republicans, and Independents …
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CONTINUE READINGSenate 2022: Arizona
In a tight race, the incumbent faces a pro-drilling, pro-fracking, pro-nuclear advocate.
Arizona was considered a toss-up state in the battle for control of the Senate. There are signs that the race may be shifting a little in the direction of the Democrats, but the extent of any shift remains unclear. The challenger touts his MAGA credentials, while the incumbent is quietly pro-environmental. Mark Kelly (D). Kelly, …
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CONTINUE READINGAnimal Cruelty and Interstate Commerce
A sleeper Supreme Court case could impact state climate legislation.
A month from now, the Supreme Court will hear a case about an animal cruelty law. It’s not an environmental law case, but the ruling could impact the authority of states to address climate change. Odds are that its impact will be limited, but you can never be sure of what five Justices might decide …
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CONTINUE READINGClimate Policy: What’s Happening at the State Level?
Important developments in late summer, some impacting multiple states.
States have played a critical role in U.S. climate policy. The federal government is now supporting that role with federal funding for states. In the meantime, a number of states have moved a step further in plans to phase out gas and diesel vehicles. Two key states have ramped up their plans for carbon neutrality, …
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CONTINUE READINGDoes the New Climate Law Expand Regulatory Authority?
It’s not the game changer some people think, but IRA could help in several ways.
There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA. The answer to that is probably “no.” However, some IRA provisions will help lawyers defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …
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