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William Andreen | May 2, 2011

EPA and the Corps of Engineers Deserve Praise for Their Draft Guidance on the Jurisdictional Scope of the Clean Water Act

During the past decade, the U.S. Supreme Court handed down two decisions that greatly reduced the extent of waters protected by the Clean Water Act (CWA). These cases upset the clearly articulated regulatory definition of “waters of the United States” that had been consistently applied and widely accepted as valid for many years.   Not only did […]

Matthew Freeman | April 29, 2011

Disaster Planning and Recovery: Verchick Op-Eds in Christian Science Monitor and New Orleans Times-Picayune

Robert R.M. Verchick recently completed a two-year stint with the U.S. Environmental Protection Agency, and returned to his work at Loyola University in New Orleans, and, happily, to the rolls of active CPR Member Scholars. While at EPA, he published Facing Catastrophe: Environmental Action for a Post-Katrina World, and just a few days after returning to […]

Alice Kaswan | April 21, 2011

Parsing the AEP v. Connecticut Argument: Did the Court Ask the Right Questions?

The Supreme Court arguments in American Electric Power Company v. Connecticut on Tuesday raised profound issues about the respective role of the courts and administrative agencies in controlling greenhouse gas emissions from stationary sources, emissions that remain uncontrolled notwithstanding their significant climate impacts. As my CPR colleague Doug Kysar has noted, at times the Court […]

Douglas Kysar | April 20, 2011

American Electric Power v. Connecticut: The Good News

Cross-posted from ACSblog. In one of the most, er, hotly anticipated cases of its term, the Supreme Court yesterday heard arguments in the climate change nuisance suit of Connecticut v. American Electric Power. From the beginning of this litigation, pundits have questioned the plaintiffs’ decision to seek injunctive relief gradually abating the defendants’ greenhouse gas […]

Amy Sinden | April 18, 2011

Six Myths About Climate Change and the Clean Air Act

In politics, repeating something over and over again can sometimes make it stick, whether it’s true or not. From Reagan’s welfare queens, to the specter of “socialized” medicine leading to imminent communist takeover, these sorts of myths often start on the far right but then move surprisingly far to the center. And as the EPA […]

Yee Huang | April 12, 2011

Making Good Use of Adaptive Management

Today CPR releases Making Good Use of Adaptive Management, a white paper explaining the basic principles of adaptive management and highlighting best practices for implementing and applying it to natural resources management.  Over the last two decades, natural resource scientists, managers, and policymakers have employed adaptive management of land and natural resources. The approach calls for […]

Daniel Farber | April 4, 2011

Environmental Justice and Adaptation to Climate Change

Cross-posted from Legal Planet. I’m beginning to wonder whether we need an “Endangered People Act” to ensure that the most vulnerable get the protection they need from climate change impacts. Climate change will disproportionately affect vulnerable individuals and poorer regions and countries, as I discuss in a recent paper comparing adaptation efforts in China, England, […]

Ben Somberg | March 23, 2011

Mintz Op-ed Looks at the Real Consequences of Proposed EPA Budget Cuts

CPR Member Scholar Joel Mintz has an op-ed in the South Florida Sun-Sentinel taking a look at the House’s continuing resolution for the FY 2011 budget and what it would do to the EPA. Writes Mintz: House leaders would have us believe they’re cutting fat from the budget. In fact, they’re taking dead aim at […]

| March 22, 2011

Does the Radiation from Japan Violate International Law When It Crosses International Boundaries?

Friday, the first traces of the plume of radioactive gas from the damaged Japanese reactors were reported to reach California. The cornerstone of international environmental law is often said to be the “prevention principle,” which says that states have “the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the […]