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Showing 213 results

Daniel Farber | August 2, 2023

Revamping the NEPA Process

Early on July 28, the White House Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its National Environmental Policy Act (NEPA) regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities.

A scientist tests water quality in a marsh

Daniel Farber | July 10, 2023

After Sackett: A Multi-Prong Strategy

The U.S. Supreme Court’s opinion in Sackett v. EPA dramatically curtails the permitting program covering wetlands. We urgently need to find strategies for saving the wetlands the Court left unprotected. We have a number of possible strategies and need to start work on implementing them immediately.

U.S. Capitol in the sunshine in late autumn

James Goodwin | June 15, 2023

Member Scholar Hammond Testifies on Just Transition Measures for Appalachia

Following all the partisan rancor on the Hill lately, yesterday’s hearing before the Subcommittee on Energy and Mineral Resources of the House Natural Resources Committee was a breath of fresh air. It focused on two important bills that can help Appalachian communities transition to a post-carbon economy in a way that addresses the harmful environmental […]

Robert L. Glicksman | May 30, 2023

Supreme Court Delivers Another Massive Blow to Federal Environmental Law

The following post provides detailed analysis of the recent Sackett v. Environmental Protection Agency U.S. Supreme Court decision. It was originally posted to The George Washington Law Review and is  cross-posted with permission.  The current Supreme Court is not a friend of the administrative state. A majority of its members seem to take particular umbrage at administration of the regulatory programs […]

images of wetlands

David Driesen | May 30, 2023

Sackett v. EPA and the Presumption Against Federal Alteration of the Status Quo

In Sackett v. Environmental Protection Agency, the U.S. Supreme Court narrowed the federal government’s power to protect wetlands. The Court required “Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the Power of government over private property.”

A scientist tests water quality in a marsh

William Buzbee | May 25, 2023

The Supreme Court’s Sackett v. EPA Bender

On May 25, the U.S. Supreme Court issued its much-awaited decision in Sackett v. Environmental Protection Agency (EPA). This is the Supreme Court’s fourth foray over several decades into what count as protected “waters of the United States” (WOTUS) under the Clean Water Act. This language provides the key jurisdictional hook for all important federal powers under the Act.

Marcha Chaudry | May 1, 2023

What the Legacy of PCBs Means for Efforts to Protect Virginia’s James River from Toxic Contamination

Earlier this year, the Richmond Times Dispatch reported that Virginia Department of Environmental Quality (DEQ) scientists are working to reduce the daily flow of cancer-causing PCBs into the James River and keep the commonwealth's water clean and safe to drink.

Allison Stevens | April 25, 2023

Scholars Kick Off 2023 Advocating for Clean Water, Climate Resilience, and More

Testifying before Congress, releasing new books, engaging with the news media — our Member Scholars packed virtually a year’s worth of advocacy on climate justice, clean air and water, and worker health and safety into the first three months of 2023.

Kimberly Shields | April 17, 2023

Chester, Pennsylvania: An Example of the Toxic Flooding Risk in the Delaware River Basin

Chester, Pennsylvania, located in Delaware County just southwest of Philadelphia, was founded in 1681, making it the oldest city in the state. Situated directly on the Delaware River, Chester was a manufacturing and industrial community for much of its history, though that activity began to decline starting in the 1950s. That legacy and other factors make the city of 32,000 potentially prone to a catastrophic toxic flooding event, now and in the future as the effects of climate change continue to intensify.