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Cross-posted from LegalPlanet. In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court's current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by […]

UPDATE (July 2, 2018): EPA has granted a one-month extension to its original comment period. Public comments on the advance notice of proposed rulemaking are now due on August 13. Soon after his confirmation, EPA Administrator Scott Pruitt quickly set out to take a "whack-a-mole" approach to advancing his anti-safeguard agenda, attacking particular rules designed […]

June 22 marks the two-year anniversary of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (colloquially referred to as TSCA reform or new TSCA). The 2016 law provided some hope that the U.S. Environmental Protection Agency (EPA) would finally address the potential risks from tens of thousands of untested and unregulated chemicals […]

This is an update to an earlier post explaining why the release of EPA’s TMDL expectations is important. These posts are part of an ongoing series on the midpoint assessment and long-term goals of the Chesapeake Bay cleanup effort.  This week, EPA’s Mid-Atlantic regional office released its final expectations for how states and their federal […]

This morning, CPR Member Scholar and Vermont Law School Professor Laurie Ristino will testify at a hearing before the Subcommittee on Agriculture, Energy, and Trade of the House Small Business Committee. The majority's not-so-subtle objective for the hearing is to apply familiar conservative talking points against federal regulations to the specific context of small farms.  […]

Yesterday in this space, I took a look at the progress that three Chesapeake Bay watershed states – New York, Pennsylvania, and West Virginia – have made in implementing their Watershed Implementation Plans (WIPs), on their way – perhaps – to meeting the Total Maximum Daily Load (TMDL) pollution reduction targets for 2025. In this […]

The Chesapeake Bay restoration effort is arguably one of the largest conservation endeavors ever undertaken. The Bay watershed is made up of 150 major rivers and streams and contains 100,000 smaller tributaries spread across Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. It supplies drinking water for more than 17 […]

The U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt recently opened another front in his battle to redirect the agency away from its mission to protect human health and the environment. This time, he cobbled together a proposed rule that would drastically change how science is considered during the regulatory process.
Opposition soon mobilized. In addition to the traditional forces of public interest groups and other private-sector watchdogs, the editors of the most prominent scientific journals in the country raised the alarm and nearly 1,000 scientists signed a letter opposing the proposal.

Cross-posted from LegalPlanet. The Trump administration is doing its best to wipe out Obama's regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth […]