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Daniel Farber | January 14, 2019

Using Emergency Powers to Fight Climate Change

Originally published on Legal Planet. Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There's no doubt that this would be far more legitimate than Trump's wall effort. Border crossings are much lower than they were […]

Daniel Farber | January 8, 2019

The Thin Gray Line

Originally published on Legal Planet. "Bureaucrat" is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks – risks ranging from nuclear […]

Daniel Farber | December 31, 2018

The Year Ahead

A version of this post was originally published on Legal Planet. What are the key things to watch for in 2019 in the environmental area? Regulations. According to the Trump administration’s schedule, three big rules should be issued in March: repeal of the Waters of the United States rule (WOTUS), repeal and replacement of the Clean […]

Daniel Farber | December 31, 2018

Seven Bright Spots of 2018

A version of this post was originally published on Legal Planet. Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was […]

Maxine A Burkett | December 17, 2018

Planning for the Public Health Effects of Climate Migration

This post was co-authored by Kevin Morris, a J.D. candidate at the University of Hawaii at Manoa William S. Richardson School of Law. He serves as a research assistant for Maxine Burkett. This post was originally published by the Wilson Center's New Security Beat. In Alaska's arctic communities, Inuit contemplating the need to relocate have […]

Evan Isaacson | December 12, 2018

Chesapeake Bay Year in Review: A Beneath-the-Headlines Look at Some of the Biggest Restoration and Clean-up Issues

It's that point in the year when we take a step back and reflect on the past 12 months. This was a big year for those concerned about restoring the Chesapeake Bay, with plenty of feel-good stories about various species and ecosystems rebounding more quickly than expected. There were also more than a few headlines […]

Dave Owen | December 11, 2018

The New WOTUS Proposed Rule and the Myths of Clean Water Act Federalism

Originally published on Environmental Law Prof Blog. This morning, the U.S. Army Corps of Engineers and EPA released a proposed new rule that would change the agencies' shared definition of "waters of the United States." That phrase defines the geographic scope of federal jurisdiction under the Clean Water Act.  The proposed rule would narrow the […]

Daniel Farber | December 6, 2018

Two Years and Counting: A Historical Perspective

Cross-posted from Legal Planet. This is the second of three posts assessing the first two years of the Trump administration. You can read the first post here. We all seem to be subscribed to the "All Trump News, All the Time" newsfeed. It may be helpful to step back a bit and compare Trump with […]

Daniel Farber | December 3, 2018

Two Years and Counting: Trump at Mid-Term

Cross-posted from Legal Planet. In September 2017 – that seems so long ago! – Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump administration, based on an earlier series of blog posts. As we end Trump's second year, it's time to bring that assessment […]