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Daniel Farber | June 8, 2023
The National Environmental Policy Act (NEPA) was passed over 50 years ago. It created a new tool for environmental protection — the environmental impact statement. It also created the White House Council on Environmental Quality (CEQ), which issued guidelines for implementing NEPA in 1978. Lawyers will need to retool quickly because of recent changes. Here’s a roadmap to recent developments.
Robert L. Glicksman | May 30, 2023
The following post provides detailed analysis of the recent Sackett v. Environmental Protection Agency U.S. Supreme Court decision. It was originally posted to The George Washington Law Review and is cross-posted with permission. The current Supreme Court is not a friend of the administrative state. A majority of its members seem to take particular umbrage at administration of the regulatory programs […]
David Driesen | May 30, 2023
In Sackett v. Environmental Protection Agency, the U.S. Supreme Court narrowed the federal government’s power to protect wetlands. The Court required “Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the Power of government over private property.”
William Buzbee | May 25, 2023
On May 25, the U.S. Supreme Court issued its much-awaited decision in Sackett v. Environmental Protection Agency (EPA). This is the Supreme Court’s fourth foray over several decades into what count as protected “waters of the United States” (WOTUS) under the Clean Water Act. This language provides the key jurisdictional hook for all important federal powers under the Act.
Sidney A. Shapiro, Sophie Loeb | May 25, 2023
There are ways to meet North Carolina's carbon reduction goals and protect ratepayers from catastrophic increases in the cost of electricity, but the regulatory system is set up in a way that makes it more difficult to get to this result.
James Goodwin | May 24, 2023
Gone are the days when people thought little about energy policy — when little more was demanded than reliable access to electricity at affordable prices. Rather, more and more Americans are becoming aware how our energy choices are inextricably intertwined with other shared values. A new report from the Center for Progressive Reform looks at this growing awareness and more through the lens of energy democracy.
Daniel Farber | May 23, 2023
We’ve already started to hear claims that the Biden power plant rule falls under the major questions doctrine, which the U.S. Supreme Court used to strike down former President Obama’s Clean Power Plan. Are those claims plausible?
Daniel Farber | May 15, 2023
Although the U.S. Constitution does not say so directly, the U.S. Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier for states to fend off those claims.
Thomas McGarity | May 12, 2023
The U.S. Supreme Court last week agreed to decide a case that could bring on a major weakening of the laws that the United States Congress has put into place to protect public health, safety, and the environment. The Chevron doctrine, as it's known, has never been popular with the regulated industries and conservative think tanks that want to limit the power of federal agencies.