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The interstate water wars have gone underground. For more than a century, the U.S. Supreme Court has been the arbiter of last resort to settle fights between states over the right to use surface streams that cross state lines. But now, the high Court may be asked to settle a long-standing feud between Mississippi and […]

The Second Circuit’s ruling Monday in State of Connecticut, et al. v. American Electric Power Company Inc., et al. revived a public nuisance lawsuit against the nation’s five largest electric power companies. The case opens the door to a potential judicial remedy for the alleged harm and increases the pressure on Congress and the Executive […]

Imagine if the end of the world were coming and everyone was just too polite to talk about it. That’s been the eerie feeling I’ve gotten over the past eight months listening to the President talk about energy policy. Not wanting to be a downer, he couches his energy talk in positive spin: We’re going […]

Cross-posted by permission from Legal Planet. In June, President Obama created an Interagency Ocean Policy Task Force, and directed it to make recommendations for a national ocean policy.  The Task Force got right to work.  Now, after convening two dozen expert roundtables, inviting public comment, and holding the first of six public sessions, the Task […]

As first reported by Law 360 on Thursday: In a decision reversing a ruling in favor of the U.S. Environmental Protection Agency, a federal appeals court has chastised the agency’s Office of Civil Rights for what the court said was its apparent failure to consider alleged civil rights violations in a timely manner. “What the […]

Today’s New York Times article about excess manure in the water is a stark reminder of what can happen when an environmental problem isn’t addressed: people get really sick. While the article is shocking — it describes how families in Wisconsin living close to dairy farms suffered from chronic diarrhea, stomach problems, and severe ear […]

Secretary of the Interior Ken Salazar signed a secretarial order on Monday establishing a new department-wide strategy for gathering data and developing management options to help managers cope with the effects of climate change on resources governed by the Interior Department. The order seeks to initiate three components: A “Climate Change Response Council” to coordinate […]

Cap-and-trade legislation making its way through Congress has become enormously complex, embodying a host of arcane political deals governing the distribution of the vast majority of emissions allowances being given away for free, with crucial details being left to EPA. This complexity threatens to hinder the effort to address climate disruption (see my article Capping […]

Cross-posted from Legal Planet. Since opponents can’t seem to come up with any new arguments against climate change legislation, they seem determined to recycle the old, discredited ones. Here’s Tuesday’s example, straight from the GOP press release: Rep. Jim Sensenbrenner, R-Wis., and Rep. Darrell Issa, R-Calif, today urged the Environmental Protection Agency to include several […]