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Since Justice Scalia’s passing, the blogosphere has been abuzz with speculation about how the changed composition of the Court will affect environmental law. This post adds a little more to that speculation. My focus is not the Clean Power Plan litigation, which has (justifiably) gathered much of the attention, but instead the litigation over the […]

Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule. Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented. But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open.  Fortunately, that doesn’t seem […]

The mysterious deaths of 13 bald eagles on Maryland's Eastern Shore last month captured headlines around the country. While a tragic story, it was also a reminder of just how far bald eagle populations and those of other birds of prey have recovered over the last several decades. From a population of fewer than 1,000 […]

The Supreme Court today denied certiorari in a case challenging the watershed-wide effort led by the EPA to reduce pollution flowing into the Chesapeake Bay. The Court’s action leaves standing a lower court ruling upholding the effort. CPR Member Scholar Rena Steinzor, Professor of Law at the University of Maryland Francis King Carey School of Law, issued […]

Legislative committees in both the Maryland House and Senate are holding hearings this week on the Poultry Litter Management Act, a bill that has been attracting a lot of attention in Maryland and beyond. I have been asked to testify as part of a panel featuring representatives of the United States Geological Survey and the Chesapeake […]

On May 12, 2009, the federal government finally got serious about protecting the Chesapeake Bay. That’s when President Obama signed Executive Order 13508 on Chesapeake Bay Protection and Restoration, which declared that the federal government would put its shoulder into the multi-state effort to restore the Bay. Taking turns at a podium perched on a […]

Scalia’s decisions were almost unremittingly anti-environmental. Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction.  Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work.  But for the benefit of others, I thought it might be helpful to […]

The Supreme Court’s February 9 stay of the Obama Administration’s Clean Power Plan may have removed the states’ immediate compliance obligations, and it will undoubtedly remove some pressure for action in states resistant to change.  Nonetheless, the extensive data and fundamental state and regional planning processes generated by the Clean Power Plan (the Plan) may […]

In a surprising moves to legal experts, the Supreme Court yesterday in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the determinations of whether or not a temporary […]