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Daniel Farber | June 11, 2010
Cross-posted from Legal Planet. On Thursday, the Senate voted down a resolution from Sen. Lisa Murkowski’s (R-AK) to halt EPA regulation of greenhouse gases. The vote was 53 to 47. What are we to make of the vote? The resolution was offered under the Congressional Review Act, which provides a fast-track mechanism for Congress […]
Shana Campbell Jones | June 10, 2010
If I remember my Sunday School lessons correctly, “clean living” should result in a lot of good things in addition to a heavenly reward: a strong character, an orderly home, and a healthy body and environment. Ironically for the Amish, a clean living group if there ever was one, clean living also produces dirty waters. As […]
Shana Campbell Jones | June 9, 2010
We’ve all seen the dramatic headlines recently concerning large-scale environmental disruptions, including a catastrophic oil spill in the Gulf and mining disasters killing workers from West Virginia to China. Meanwhile, in Congress, climate change bills are proposed, altered, weakened, and eventually shelved, and the United States still fails to take action on climate change. CPR’s Member Scholars […]
Rebecca Bratspies | June 7, 2010
Cross-posted from IntLawGrrls Ever since the Deepwater Horizon began gushing oil into the Gulf of Mexico, BP has been dazzling the American people with a series of colorfully named “solutions:” the dome; top hat, junk shot, top kill. However, as the days turned into week, and the weeks turned into months, one thing has become […]
Victor Flatt | June 4, 2010
In the little-followed but hugely important “joint federalism” system through which our environmental laws are implemented, a seismic change may be afoot that could vastly improve environmental compliance and environmental quality in the future. Last week, Al Armendariz, the head of the Environmental Protection Agency’s Region VI, indicated that unless significant changes are made by […]
Yee Huang | June 3, 2010
EPA and a coalition of environmental groups recently settled ongoing litigation related to the regulation of concentrated animal feeding operations (CAFOs). The litigation dates back to 2003, when EPA finally proposed comprehensive regulation of CAFOs, and it centers on what actually constitutes a CAFO. The original Clean Water Act labeled CAFOs as point sources that require a […]
Ben Somberg | June 3, 2010
ProPublica teamed with the Sarasota Herald-Tribune to put out an important investigative piece on drywall a few days ago — “Tainted Chinese Drywall Concerns Went Unreported for Two Years.” The article, by Joaquin Sapien and Aaron Kessler, reports that: A leading East Coast homebuilder learned four years ago that the Chinese-manufactured drywall it had installed […]
Daniel Farber | June 1, 2010
Cross-posted from Legal Planet. We’ve known all along that offshore drilling in the Gulf placed at risk exceptionally valuable and sensitive coastal areas. We need look no further than a forty-year-old court decision on Gulf oil drilling, which made the dangers abundantly clear. In 1971, President Nixon announced a new energy plan involving greatly expanded […]
Matt Shudtz | May 27, 2010
EPA today announced (pdf) that it will begin a general practice of reviewing – and likely rejecting – confidentiality claims regarding chemical identities and supporting data in health and safety studies submitted to the agency under TSCA. The news is long overdue, but very welcome. One of Congress’s primary goals in drafting TSCA was to create […]