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Victor Flatt

Coleman P. Burke Chair in Environmental Law and the Associate Director of the Burke Center for Environmental Law

Victor Flatt | September 19, 2018

From Surviving to Thriving: Emergency Waiver of Health, Safety, and Environmental Rules

This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. On August 23, 2017, Texas Governor Greg Abbott declared a state of emergency as Hurricane Harvey approached the Texas Coast. That state of emergency was ultimately expanded to 60 counties in Texas. Emergency […]

Victor Flatt | September 29, 2017

Houston Chronicle Op-Ed: Burying Our Head in Sand on Climate Change No Longer an Option

This op-ed originally ran in the Houston Chronicle. Every day during the Hurricane Harvey disaster, our hearts would sink as we kept hearing the word “unprecedented” again and again. Harvey wasn’t supposed to strengthen so fast; it shouldn’t have stalled where it did. Every day as we hoped the worst was over, Harvey would pummel us […]

Victor Flatt | April 3, 2017

News and Observer Op-ed: Trump Can Order, but Federal Judges Will Decide on Climate Rules

This op-ed originally ran in the Raleigh News & Observer. President Trump’s new “energy” executive order is an attempt to roll back Obama regulations on climate change, and even make considerations of climate change disappear from much of the policymaking process altogether. That’s quite a lot to accomplish by executive order, and despite all the […]

Victor Flatt | November 7, 2016

Ignoring Climate Change Can Be Deadly: State Edition

During the U.S. presidential race, much ink has been spilled on how important the election is. But one of the most important issues of all – climate change – has made little appearance in the election discourse, even though it is one of many issues on which the candidates have sharp divisions. But those divisions are […]

Victor Flatt | February 10, 2016

Supreme Court Stays Clean Power Plan

In a surprising moves to legal experts, the Supreme Court yesterday in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the determinations of whether or not a temporary […]

Victor Flatt | February 23, 2015

In North Carolina, Open Season on Poverty Advocates

Today I joined a group more than 40 environmental law professors and clinicians from institutions around the nation in a joint letter to the University of North Carolina System Board of Governors urging that they reject a recommendation to shutter the Center on Poverty, Work and Opportunity, housed at the University of North Carolina Law […]

Victor Flatt | May 28, 2014

The EPA Addresses Residual Risk for Hazardous Air Emissions at Refineries

On May 14, 2014, the EPA proposed new rules to control “residual risk” from hazardous air emissions (such as from benzene) at the nation’s petroleum refineries. The Clean Air Act requires the EPA to calculate whether or not residual risk to human health exists after the agency has put Maximum Achievable Control Technology (MACT) in […]

Victor Flatt | December 12, 2013

EPA’s ability to regulate cross-state pollution unnecessarily at stake: SCOTUS should uphold transport rule

Earlier this week, the Supreme Court heard oral argument in EME Homer City Generation v. EPA.  At issue in the case was the ability of EPA to regulate cross-state pollution, or pollution generated in some states that is carried over to others downwind. Eight “downwind” states, primarily in the Northeast, filed a brief in support […]

Victor Flatt | July 22, 2013

Downwind States Deserve Protection: Supreme Court’s Review of Decision Gutting Cross-State Pollution Protections Right on Point

Last month, the U.S. Supreme Court granted certiorari, or review of  EME Homer City Generation v. EPA, 696 F.3d 7 (D.C. Cir. 2012), reh’g en banc denied, 2013 WL 656247 (D.C. Cir. Jan. 24, 2013). This is a welcome development, as the D.C. Circuit Court of Appeals got many things wrong in its tossing out of […]