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Robert L. Glicksman | July 6, 2015

The Implications of Michigan v. EPA for Regulation of Hazardous Air Pollutants and Beyond

The following post is based on an article by Professor Glicksman on the George Washington Law Review website.1 In Michigan v. Environmental Protection Agency,2 Justice Scalia, for a 5-4 majority, held that the Environmental Protection Agency (EPA)’s failure to consider cost at the initial stage of deciding whether to regulate emissions of hazardous air pollutants […]

Robert Verchick | July 2, 2015

CPR President Rob Verchick on BP’s Settlement Today

Today’s BP settlement is great news for the Gulf Coast economy, which still suffers mightily from the damage BP and its contractors caused. The President and his Department of Justice deserve credit for hammering out this deal, and keeping their focus on the victims of what the President rightly calls the “worst environmental disaster America has […]

Evan Isaacson | July 1, 2015

West Virginia’s Bay TMDL Progress Needs to Accelerate

Editors’ Note:  This is the sixth in a series of posts on measuring progress toward the 2017 interim goal of the Bay TMDL.  The first five posts cover the region as a whole, and then Maryland, Pennsylvania, New York, and Virginia, Future posts will explore the progress of the two remaining jurisdictions. Like New York, […]

Thomas McGarity | June 30, 2015

The Supreme Court Gives Power Plants a Mercury Break

Yesterday, the Supreme Court in Michigan v. EPA threw out EPA’s regulations protecting the American public from mercury and other hazardous emissions of power plants. In another instance of judicial activism by the Roberts court, the majority refused to defer to EPA’s decision to ignore costs in deciding whether to regulate power plant emissions. The […]

Lisa Heinzerling | June 30, 2015

Michigan v. EPA: Costs Matter, But Everything Else Is Up For Grabs

In Michigan v. EPA, the Supreme Court reviewed the Environmental Protection Agency’s decision to regulate power plants under section 112 of the Clean Air Act. Section 112 is the provision regulating toxic air pollutants, such as mercury. The question before the Court was whether EPA reasonably interpreted the Clean Air Act to allow EPA to decline […]

Thomas McGarity | June 29, 2015

Supreme Court’s Judicial Activism Leaves Americans Vulnerable to Mercury Pollution

In a sweeping display of judicial activism the Supreme Court has made it much harder for the EPA to protect Americans from the dangers of exposure to mercury emissions. The Supreme Court today tossed out EPA’s regulations protecting the American public from mercury and other hazardous emissions of power plants.  Justice Scalia refused to defer […]

Lisa Heinzerling | June 26, 2015

King v. Burwell and EPA’s Climate Rules

The Supreme Court’s decision in King v. Burwell is, of course, most important for its central holding that the Affordable Care Act’s federal subsidies are available even on federally established health exchanges. The decision preserves health insurance subsidies for millions of people who have begun to benefit from them and avoids the ridiculous spectacle of taking the […]

Evan Isaacson | June 24, 2015

NY’s Bay TMDL Progress Report: Ignoring a Worthwhile Investment

TMDL.  The first four posts cover the region as a whole, and then Pennsylvania, Virginia, and Maryland.  Future posts will explore the progress of the remaining three jurisdictions.                 So far, we have evaluated progress of the three core jurisdictions in the Chesapeake Bay Watershed in reducing nutrient and […]

Evan Isaacson | June 22, 2015

Maryland’s Bay TMDL Report: A Tale of Two States

Editors’ Note:  This is the fourth in a series of posts on measuring progress toward the 2017 interim goal of the Bay TMDL.  The first three posts cover the region as a whole, and then Pennsylvania and Virginia. Future posts will explore the progress of the remaining four jurisdictions.              […]