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The following post is based on an article by Professor Glicksman on the George Washington Law Review website.1 In Michigan v. Environmental Protection Agency,2 Justice Scalia, for a 5-4 majority, held that the Environmental Protection Agency (EPA)’s failure to consider cost at the initial stage of deciding whether to regulate emissions of hazardous air pollutants […]

Today’s BP settlement is great news for the Gulf Coast economy, which still suffers mightily from the damage BP and its contractors caused. The President and his Department of Justice deserve credit for hammering out this deal, and keeping their focus on the victims of what the President rightly calls the “worst environmental disaster America has […]

Editors’ Note:  This is the sixth in a series of posts on measuring progress toward the 2017 interim goal of the Bay TMDL.  The first five posts cover the region as a whole, and then Maryland, Pennsylvania, New York, and Virginia, Future posts will explore the progress of the two remaining jurisdictions. Like New York, […]

Yesterday, the Supreme Court in Michigan v. EPA threw out EPA’s regulations protecting the American public from mercury and other hazardous emissions of power plants. In another instance of judicial activism by the Roberts court, the majority refused to defer to EPA’s decision to ignore costs in deciding whether to regulate power plant emissions. The […]

President Obama’s approval rating is up to 50 percent for the first time in two years after a stellar period of national reconciliation and the safeguarding of Obamacare, his signature, and truly momentous, achievement.  The president, in fulfillment of his noble promises to help the middle class, is about to put his weight behind a […]

In Michigan v. EPA, the Supreme Court reviewed the Environmental Protection Agency’s decision to regulate power plants under section 112 of the Clean Air Act. Section 112 is the provision regulating toxic air pollutants, such as mercury. The question before the Court was whether EPA reasonably interpreted the Clean Air Act to allow EPA to decline […]

Today the Supreme Court blocked a key effort by the Obama administration to keep unsafe levels of mercury and other toxins from spilling into our air. The ruling, issued in Michigan vs. EPA, is a loss for the EPA and public health advocates. But the damage can be contained and will hopefully not prevent the agency from […]

In a sweeping display of judicial activism the Supreme Court has made it much harder for the EPA to protect Americans from the dangers of exposure to mercury emissions. The Supreme Court today tossed out EPA’s regulations protecting the American public from mercury and other hazardous emissions of power plants.  Justice Scalia refused to defer […]

The Supreme Court’s decision in King v. Burwell is, of course, most important for its central holding that the Affordable Care Act’s federal subsidies are available even on federally established health exchanges. The decision preserves health insurance subsidies for millions of people who have begun to benefit from them and avoids the ridiculous spectacle of taking the […]