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Showing 46 results

Michael C. Duff | July 11, 2023

Sick Workers, Sick Families, Employer Immunity: California Picks a Pyrrhic Victory in Kuciemba

Nero fiddled, and I really don’t know how white powder made its way into the White House. But I do know that the California Supreme Court just issued an opinion in Kuciemba v. Victory Woodworks that will be incredibly hurtful to the working class during the next pandemic. I wonder how the California legislature will react.

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.

Daniel Farber | June 22, 2023

CEQ and Permitting Reform

In the recent debt ceiling law, Congress extensively revamped the National Environmental Policy Act (NEPA), the law governing environmental impact statements. An obscure White House agency, the Council on Environmental Quality (CEQ), will have the first opportunity to shape the interpretation of the new language.

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 […]

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.

air pollution

Daniel Farber | May 23, 2023

The Biden Power Plant Rule and the Major Questions Doctrine

We’ve already started to hear claims that the Biden power plant rule falls under the major questions doctrine, which the U.S. Supreme Court used to strike down former President Obama’s Clean Power Plan. Are those claims plausible?

Daniel Farber | May 15, 2023

Taming the Dormant Commerce Clause

Although the U.S. Constitution does not say so directly, the U.S. Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier for states to fend off those claims.

Thomas McGarity | May 12, 2023

Another Step Toward Judicial Supremacy

The U.S. Supreme Court last week agreed to decide a case that could bring on a major weakening of the laws that the United States Congress has put into place to protect public health, safety, and the environment. The Chevron doctrine, as it's known, has never been popular with the regulated industries and conservative think tanks that want to limit the power of federal agencies.

Wetlands Landscape

Minor Sinclair | May 11, 2023

In Upcoming Fishing Case, High Court Could Reel in Entire Administrative State

On May 1, the U.S. Supreme Court agreed to hear a case on whether the U.S. Department of Commerce has the authority to require fishermen to allow inspectors on board. At stake is the ability of agencies to write regulations that reasonably interpret laws even when they are ambiguous.