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Showing 2,834 results

James Goodwin | November 22, 2019

The EPA’s ‘Censored Science’ Rule Isn’t Just Bad Policy, It’s Also Illegal

This post was originally published on the Union of Concerned Scientists' blog. Reprinted with permission. The Environmental Protection Agency (EPA) appears poised to take the next step in advancing its dangerous "censored science" rulemaking with the pending release of a supplemental proposal. The EPA presumably intends for this action to respond to criticism of the […]

Karen Sokol | November 21, 2019

The Essential Role of State Courts in Addressing Climate Harms

This post was originally published by Expert Forum, a blog of the American Constitution Society. Reprinted with permission. In her opening statement on the second day of the House public impeachment hearings, former Ambassador to Ukraine Marie Yovanovitch recounted how President Trump and his personal lawyer Rudolph Giuliani undermined the State Department's ability to "promote stated […]

Sean B. Hecht | November 21, 2019

EPA’s Draft Update to Its ‘Science Transparency Rule’ Shows It Can’t Justify the Rule

Originally published on Legal Planet. Reprinted with permission. Over a year ago, EPA issued a proposed rule, ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA's ability to rely on key scientific studies […]

David Flores | November 15, 2019

If You Care about the Climate Crisis, Here’s What You Need to Know about Maryland’s Clean Water Act Permit for Agricultural Pollution

David Flores co-authored this post with Kathy Phillips, the Assateague Coastkeeper, an on-the-water advocate who patrols and protects the Maryland and northern Virginia Eastern Shore coastal bays and stands up to polluters. Last month, former CPR policy analyst Evan Isaacson wrote in this space about Maryland's proposal to revise and reissue its Clean Water Act […]

Lisa Heinzerling | November 10, 2019

Argument Analysis: Context Trumps Text as Justices Debate Reach of Clean Water Act

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Click here to read Professor Heinzerling's argument preview for this case. The Clean Water Act requires a permit for the addition to the navigable waters of any pollutant that comes “from any point source.” Last […]

David Flores | November 7, 2019

On California, Climate Justice, and the Crucial Role of State Courts

As Californians endure yet another round of devastating wildfires, they are rightly wondering if blazes of such frequency and reach are the new normal. The hard truth is that they may very well be. The fingerprints of climate change are all over this disaster, as they have been all over recent hurricane damage, and the […]

Lisa Heinzerling | November 4, 2019

Argument Preview: Justices to Consider Reach of Clean Water Act’s Permitting Requirement

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). The central regulatory construct of the Clean Water Act is the requirement of a permit for the addition to the nation's waters of any pollutant that comes "from any point source." Congress' high hopes for […]

Katie Tracy | October 31, 2019

Chemical Hazards Make Every Day at Work a Fright Fest

On Halloween, nothing seems spookier than a chance encounter with a ghost or goblin, except maybe a zombie. But there is something much more haunting that happens every day. Across the United States, an average of 137 people die daily from occupational diseases caused by on-the-job exposures to toxic chemicals and other hazardous substances. Nearly […]

Daniel Farber | October 28, 2019

A Dozen Strategies for the Struggle With Big Oil

Originally published on Legal Planet. Reposted by permission. The oil industry is enormous – something like 2 to 3 percent of global GDP. Individuals firms like ExxonMobil earn tens of billions of dollars each quarter. Controlling climate change will mean drastic curtailment in the coming decades of the industry’s major products. There’s no way that the […]