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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 […]

Matt Shudtz | June 22, 2009

Medical Device Safety: FDA Can’t Do It Alone

While his colleagues (and former colleagues) jockey for the healthcare reform limelight, Rep. Frank Pallone is quietly busy making sure that, regardless of who pays for healthcare, the sick and injured will have safe and effective solutions to their problems. Last Thursday, Rep. Pallone held a hearing to assess FDA’s ability to properly oversee the […]

Holly Doremus | June 19, 2009

The End of the Exxon Valdez Legal Saga?

Cross posted by permission from Legal Planet. Rick earlier posted about the 20th anniversary of the Exxon Valdez oil spill. This week, the Ninth Circuit may finally have brought the litigation that followed that spill to a close. You may recall that last year the U.S. Supreme Court heard Exxon’s challenge to the punitive damages […]

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 […]

Ben Somberg | June 18, 2009

Saving the Chesapeake Bay: Time to Hold the States Accountable

Today CPR releases Reauthorizing the Chesapeake Bay Program: Exchanging Promises for Results (press release, full report). For years, the jurisdictions within the Chesapeake Bay watershed (the states and Washington D.C.) have essentially not faced consequences for failing to meet pollution-reduction targets. It’s not surprising that the Chesapeake Bay has languished. What the new CPR report […]

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 […]

Yee Huang | June 15, 2009

A Frackin’ Mess!

It’s a frackin’ mess out there in the world of natural gas extraction – exploding houses and water wells, dying cattle, and curious rashes.  The Subcommittee on Energy and Mineral Resources of the House Natural Resources Committee recently held a hearing to explore the risks of hydraulic fracturing, or fracing (sometimes spelled, “fracking”), which is […]

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 […]