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Nina Mendelson | March 21, 2012
In the Sackett v. EPA decision today, the Supreme Court rejected a broad argument that the Sacketts’ constitutional due process rights had been violated when they could not go to court immediately to challenge an EPA order requiring them to remove fill and replant vegetation on their property. But the Court did hold that under the […]
Daniel Farber | March 7, 2012
Cross-posted from Legal Planet. The U.S. Court of Appeals for the Fifth Circuit has upheld a district court ruling that the federal government is liable for damage from the Katrina storm surge that went up the MRGO canal into the city. As I read the opinion, it is limited in three ways. First, it is […]
Ben Somberg | March 6, 2012
On November 7 of last year, EPA sent the White House Office of Information and Regulatory Affairs (OIRA) a rather important proposed rule – one that will, in some way, limit greenhouse gas emissions from new power plants. The Greenhouse Gas New Source Performance Standard for Electric Generating Units for New Sources has now been […]
David Hunter | February 27, 2012
a(broad) perspective Today’s post is first in a series on a recent CPR white paper, Reclaiming Global Environmental Leadership: Why the United States Should Ratify Ten Pending Environmental Treaties. Each month, this series will discuss one of these ten treaties. Agreement on the Conservation of Albatrosses and Petrels Adopted and Opened for Signature on June […]
| February 23, 2012
On February 28, the Supreme Court will hear argument in Kiobel v Royal Dutch Petroleum, a case with far-reaching implications for efforts to hold corporations accountable when they commit or are complicit in abuses of human rights. For over fifty years, Shell has extracted oil from Nigeria, causing great harm to the environment and people […]
Robert Verchick | February 22, 2012
Mardi Gras Float, 2011 Well, another magnificent Mardi Gras has ended, and at this point, I’d normally be slouched on the sofa sipping a tomato juice (neat) and sorting beads. But not this year. That’s because next week, squadrons of lawyers, journalists, petroleum engineers, and fisher folk are scheduled to descend on New Orleans, […]
Kirsten Engel | February 21, 2012
On Feb. 28 and 29, the D.C. Circuit is scheduled to hear arguments on a suite of industry-led challenges to EPA-issued greenhouse gas rules. While attention has focused on industry’s challenge to EPA’s finding that greenhouse gases (GHGs) endanger the environment, industry’s challenge to the greenhouse gas permitting “tailoring” rule – a rule limiting the […]
Matt Shudtz | February 17, 2012
Today EPA released the first part of its long-awaited reassessment of the human health risks posed by 2,3,7,8-tetrachlorodibenzo-p-dioxin, a chemical considered to be the most toxic of the dioxin compounds and the stuff that made Agent Orange so bad for its victims. It’s bittersweet news: on the one hand, the decades-long stretch between EPA’s first […]
Sandra Zellmer | February 16, 2012
Last month, President Obama denied TransCanada’s permit application for the Keystone XL pipeline because a congressionally mandated deadline did not allow enough time to evaluate the project once Nebraska completed its analysis for re-routing of the pipeline around the Sand Hills. A January 26-29 poll from Hart Research Associates found that, after hearing arguments for and […]