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Holly Doremus | March 26, 2012

Court Skeptical of EPA’s Section 404 Role Overturns Mine Veto

Cross-posted from Legal Planet. Regular readers of this blog know that on January 13, 2011, EPA vetoed a Clean Water Act section 404 permit issued by the Corp of Engineers for valley fill at the Spruce No. 1 mountaintop removal mine project in West Virginia. This was only the 13th time EPA had used its […]

Holly Doremus | January 14, 2012

Where Does NOAA Belong?

Cross-posted from Legal Planet. Clearly I need to slow down Rick’s internet connection to get him to stop scooping me. Rick reported earlier that the President has floated a proposal to reorganize the Commerce Department and related agencies which would apparently include moving NOAA (all of NOAA, according to OMB’s Jeffrey Zeints, not just its ESA […]

Holly Doremus | January 11, 2012

Can You Stand to Hear More About Sackett?

Cross-posted from Legal Planet. As usual, I’m behind Rick on commenting on the latest Supreme Court development. (In my defense, it is the first day of classes, although I know that’s not much of an excuse.) Unlike Rick, I didn’t attend the oral argument (see lame excuse above), but having read the transcript I agree […]

Holly Doremus | November 8, 2011

How the Tenth Circuit Upheld the Clinton-era Roadless Rule

Cross-posted from Legal Planet. You wouldn’t think courts would still be deciding, late in 2011, whether actions taken by the Clinton Administration were lawful. But they are. Late last month, the Tenth Circuit upheld the Roadless Rule for national forests issued at the very end of the Clinton presidency. The Roadless Rule, which largely prohibited […]

Holly Doremus | November 4, 2011

Lisa Jackson at Berkeley Law

Cross-posted from Legal Planet. Yesterday, Berkeley Law’s Center for Law, Energy, and the Environment hosted a public presentation by EPA Administrator Lisa Jackson. She delivered brief prepared remarks, then took a lot of questions. She didn’t announce any new policy initiatives, but she did make it clear that she (and the President) are not going […]

Holly Doremus | July 22, 2011

UK Report: Behavioral Change Takes More Than a Nudge

No one seems to like the idea of regulation these days. Nudges, alternatives that try to get people to voluntarily alter their behavior by changing the context in which they make decisions, have been widely touted as a better approach. Cass Sunstein, Obama’s “regulatory czar” in the Office of Management and Budget, is a leading […]

Holly Doremus | July 21, 2011

EPA Finalizes Mountaintop Removal Guidance

Cross-posted from Legal Planet. After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA took last April […]

Holly Doremus | July 20, 2011

White Paper on Habitat Conservation Plans and Climate Change

Cross-posted from Legal Planet. Melinda Taylor at the University of Texas School of Law and I have just put out a white paper on Habitat Conservation Plans and Climate Change: Recommendations for Policy.  It can be accessed here through Berkeley Law’s Center for Law, Energy and the Environment, or here through UT’s Center for Global […]

Holly Doremus | May 27, 2011

The New BOEMRE-NOAA MOU: A Good Start, But More is Needed

Cross-posted from Legal Planet. I was excited to read this story in the LA Times, saying that BOEMRE and NOAA had reached an agreement that would give NOAA more say in decisions to approve offshore drilling. (Draw whatever conclusions you like about what my geeky excitement says about how boring my life must be.) This […]