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Daniel Farber | June 23, 2009

Supreme Court Decides Coeur Alaska

Cross-posted by permission from Legal Planet. In an opinion by Justice Kennedy, the Supreme Court decided two issues in this case, over a dissent by Justice Ginsburg.  The first was whether the Clean Air Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue […]

Victor Flatt | June 23, 2009

The Roberts Court Gets Reckless with Administrative Law in Coeur Alaska: Problems Now, Problems Later

Yesterday the Supreme Court ruled in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council that the United States EPA and the Army Corps of Engineers could interpret the Clean Water Act to exempt water pollution sources from pollution control requirements if the pollution was accompanied by fill material. This legal feat was accomplished because the […]

Ben Somberg | June 19, 2009

The Heartland Institute’s Shifting Statements

Andrew Freedman of washingtonpost.com’s Capital Weather Gang has a nifty catch: the Heartland Institute, the people cluttering up my newspaper this week with climate-change-denying ads, have officially changed tack on their lobbying policy. Back in March, the group told Freedman: “Our purpose is to bring scientists, economists, and policy experts together to address issues overlooked […]

Alice Kaswan | June 17, 2009

The Waxman-Markey Bill’s Federal-State Partnership

The Waxman-Markey bill, in its current form, continues the nation’s wise respect for the complementary roles of the federal government and the states. By establishing a national cap and a national trading program, the bill would draw all states into the essential task of reducing greenhouse gas (GHG) emissions. But, like the federal environmental laws […]

Daniel Farber | June 16, 2009

What Does the CBO Report on Waxman-Markey Actually Tell Us? (Not Much).

The Congressional Budget Office recently issued its report on the Waxman-Markey bill. The Washington Times soon trumpeted: “CBO puts hefty price tag on emissions plan: Obama’s cap-and-trade system seen costing $846 billion.” This is quite misleading. Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers […]

Rena Steinzor | June 12, 2009

Big Trouble on Climate Change: President Obama and the Loss of Momentum

This past Sunday’s New York Times Magazine had a terrific piece by Matt Bai on the Obama White House and how it is “taking” Capitol Hill, one battle at a time. After extolling the team of congressional insiders Obama has assembled, and emphasizing the importance of their attentiveness to key players on the issue du […]

Holly Doremus | June 12, 2009

Congress Looks at Pharmaceuticals in the Water. Here’s What They Should Do.

This week, a subcommittee of the House Committee on Natural Resources held a hearing on the problem of waste pharmaceuticals ending up in the nation’s waterways. The issue sounds trivial – does Congress really need to spend its time worrying about people with a few left-over prescription pills flushing them down the toilet? The answer […]

Matt Shudtz | June 11, 2009

IRIS Update: New CPR Report and a House Science Committee Hearing

This afternoon, Congressman Brad Miller (D-NC), Chairman of the House Science Committee’s Subcommittee on Investigations and Oversight, will hold a hearing on recent revisions to the IRIS assessment process. IRIS (the Integrated Risk Information System) is EPA’s premier database of toxicological profiles for dangerous chemicals. The profiles are used for everything from setting cleanup standards […]

Matt Shudtz | June 10, 2009

IRIS Update: New CPR Report and a House Science Committee Hearing

This afternoon, Congressman Brad Miller (D-NC), Chairman of the House Science Committee’s Subcommittee on Investigations and Oversight, will hold a hearing on recent revisions to the IRIS assessment process. IRIS (the Integrated Risk Information System) is EPA’s premier database of toxicological profiles for dangerous chemicals. The profiles are used for everything from setting cleanup standards […]