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The Competitive Enterprise Institute is upset with the way administrative law works. On Thursday they released their annual report on the costs of regulations. I hesitate to dignify it with pixels, but here goes. CEI has a problem with agency rulemaking altogether: Congress should answer for the compliance costs (and benefits) of federal regulations. Requiring […]

In “Minding the Climate Gap: What’s at Stake if California’s Climate Law Isn’t Done Right and Right Away,” released Wednesday, researchers from several California universities have correlated the relationship between greenhouse gas (GHG) emissions and associated co-pollutants in several California industries. The results demonstrate that California’s climate law, AB 32, enacted in 2006, could help […]

Senator Frank Lautenberg today released the  “Safe Chemicals Act of 2010 ” — a bill to reform the Toxic Substances Control Act. Representatives Rush and Waxman released a discussion draft of related legislation in the House. Here are reactions from Environmental Defense Fund, Environmental Working Group, Natural Resources Defence Council, and Safer Chemicals, Healthy Familes […]

Informal rulemaking under the Administrative Procedure Act was, as the late Kenneth Culp Davis opined, “one of the greatest inventions of modern government.” It not only decreased the procedural requirements (and therefore the overhead) of “formal” rulemaking, but it also broadened the universe of persons able to participate in the informal proceeding to the public […]

Cross-posted from The Pump Handle. Last month, the US Dept of Labor (DOL) and MSHA were celebrating the 40th anniversary of the Coal Mine Health and Safety Act.  Their proclamations said: “…this law represents a watershed moment in the improvement of occupational health and safety in the United States. It was the precursor to the […]

CPR President Rena Steinzor (former director of the University of Maryland’s Environmental Law Clinic) and Robert Kuehn, president of the Clinical Legal Education Association, have a post over at ACSBlog putting the recent attack on the independence of the Maryland clinic into the context of other such moves across the country. The Maryland legislature recently […]

Cross-posted from Legal Planet. When I sat down to write this blog posting, I started by going through my environmental law casebook and noting down the cases in which Justice Stevens had written the majority opinion or a major dissent.   When I got done, I was startled by the central role Justice Stevens had played […]

In preparing CPR’s recent white paper, Failing the Bay: Clean Water Act Enforcement in Maryland Falling Short, we conducted interviews with sixteen stakeholders across Maryland to assess MDE’s enforcement program as it operates on the ground. Collectively the stakeholders have decades of experience with enforcement at the federal, state, and local levels, as well as […]

AP: A New Orleans federal judge on Thursday awarded seven Virginia families $2.6 million in damages for homes ruined by sulfur-emitting drywall made in China, a decision that could affect how lawsuits by thousands of other homeowners are settled. It remains to be seen how the plaintiffs can collect from Chinese companies that do not […]