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Articles 1 - 30 of 54
Full-Text Articles in Entire DC Network
West Virginia’S “Major Questions” And The Silent Disappearance Of The Chevron Doctrine, Hunter W. Collins
West Virginia’S “Major Questions” And The Silent Disappearance Of The Chevron Doctrine, Hunter W. Collins
San Diego Law Review
This Note analyzes the Court’s determination that an administrative agency’s action must be explicitly authorized under “clear congressional authorization” when it involves great “economic and political significance.” Part II of this Note provides a brief overview of the CAA and how the act has been used to cut GHG pollution. Part III examines the EPA’s focus on the power sector in particular, as well as the paths that differing presidential administrations have taken to provide a stable energy grid. Part IV discusses the litigation between West Virginia and the EPA, which resulted in the controversial 6–3 decision in the Supreme …
The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak
San Diego Journal of Climate & Energy Law
The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so, it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Environmental Enforceability, Seema Kakade
Environmental Enforceability, Seema Kakade
Faculty Scholarship
There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump Administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
Evaluation Of Circuit Judge Kavanaugh’S Opinions Concerning The Caa, Arnold W. Reitze Jr.
Evaluation Of Circuit Judge Kavanaugh’S Opinions Concerning The Caa, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
Nineteen opinions by Circuit Judge Kavanaugh in the D.C. Circuit dealing with the Clean Air Act (CAA) were reviewed. In eleven of the cases, Circuit Judge Kavanaugh wrote the majority opinion. In two cases he wrote a concurring opinion and in six cases he dissented. The cases where Circuit Judge Kavanaugh wrote the majority opinion are: (1) Americans for Clean Energy v. EPA, 864 F.3d 691 (2017); (2) Mexichem Fluor, Inc. v. EPA, 866 F.3d 451(2017); (3) Energy Future Coalition v. EPA, 793 F.3d 141 (2015); (4) EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (2015); (5) In …
Panel: Balancing Acts -- Energy Innovation In A Complex Market, David Hults, Gitane De Silva, Chris Ziegler
Panel: Balancing Acts -- Energy Innovation In A Complex Market, David Hults, Gitane De Silva, Chris Ziegler
Canada-United States Law Journal
A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely David Halts, Gitane De Silva, and Chris Zeigler. Topics include impact of energy industry on climate change; enacting climate policy for bringing out environmental justice, and protection; and enactment of U.S. Clean Air Act for addressing the same
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
All Faculty Scholarship
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including states and their political subdivisions, return to the common law to protect the health of the planet. Prior to the emergence of the major federal environmental laws in the 1970s, the common law of nuisance gave rise to the earliest environmental decisions in U.S. history. In …
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land & Resources Law Review
Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford C. Mank
Article Iii Standing For Private Plaintiffs Challenging Greenhouse Gas Regulations, Bradford C. Mank
San Diego Law Review
An important unresolved question is whether non-state plaintiffs have standing under Article III of the U.S. Constitution to sue in federal courts in climate change cases. In Massachusetts v. EPA, the Supreme Court held a state government could sue the U.S. government to address climate change issues, and suggested, but did not decide, that private litigants might have lesser rights than states. In Washington Environmental Council v. Bellon, the Ninth Circuit held that private groups did not have standing to challenge Washington State’s failure to regulate greenhouse gas (GHG) emissions from five oil refineries, and implied that private plaintiffs may …
Michigan V. Environmental Protection Agency, Lindsay Ward
Michigan V. Environmental Protection Agency, Lindsay Ward
Public Land & Resources Law Review
What’s the price of clean air? The Supreme Court found that the EPA, tasked with setting limits on hazardous pollutants, unreasonably declined to consider cost when regulating power plant emissions under the Clean Air Act. 42 U.S.C. § 7412 gives the EPA the authority to regulate power plants under the Clean Air Act as long as the Agency finds that “regulation is appropriate and necessary.” In the instant case, the EPA concluded that regulation met both these requirements. Finding the agency’s decision unreasonable, the majority struck down the EPA’s rule. The minority, however, asserted that the decision was unsound; it …
Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek
Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek
Pace International Law Review
The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).
This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.
This article …
The Epa Is Only “Sort Of” Permitted To Regulate Greenhouse Gases Under The Clean Air Act: How Utility Air Regulatory Group V. Epa Shows The Supreme Court Is Still Hot And Cold On Climate Change, Kristen Curley
Touro Law Review
No abstract provided.
Toward Regional Governance In Environmental Law, Douglas R. Williams
Toward Regional Governance In Environmental Law, Douglas R. Williams
Akron Law Review
This article will proceed in three parts. Part I provides a brief introduction to the structured institutional arrangements under the CAA and the CWA. I discuss how these programs have evolved in ways that depart from what may have been originally anticipated and how their structure poses impediments to effective environmental management. Part II provides a short summary of current thinking about the institutional architecture of our environmental programs, focusing primarily on the “environmental federalism” scholarship of recent years. I offer reasons for abandoning federalism as an appropriate institutional framework. Part III presents a conceptual, rather than tightly engineered, argument …
Conducting U.S. Discovery In Asia: An Overview Of E-Discovery And Asian Privacy Laws, Lynn M. Marvin, Yohance Bowden
Conducting U.S. Discovery In Asia: An Overview Of E-Discovery And Asian Privacy Laws, Lynn M. Marvin, Yohance Bowden
Richmond Journal of Law & Technology
The rapid expansion over the last decade of Asian corporations doing business in the United States and U.S. corporations doing business in Asia, has led to a marked increase in U.S. litigation involving Asian corporations as parties, requiring discovery of information located in Asia. According to the Office of the United States Trade Representative, U.S. trade of goods and services with countries in the Asia-Pacific Economic Cooperation (“APEC”) totaled $2.9 trillion in 2013: exports totaled $1.2 trillion and imports totaled $1.6 trillion. It naturally follows that Asian corporations doing business in the United States are utilizing the American court system …
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels
22 slides
Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler
Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler
University of Richmond Law Review
No abstract provided.
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
A Step By Step Look At Uarg V. Epa: A New Layer Of Greenhouse Gas Regulation, Kevin O. Leske
Faculty Scholarship
No abstract provided.
E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer
E15 Partial Waivers: How The Epa Exceeded Its Authority And Placed Its Liability On Others, Tyler Brewer
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Clean Air Act: The End Of A Chevron Era?, Erin Murphy
The Clean Air Act: The End Of A Chevron Era?, Erin Murphy
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Climate Change Action Without Congress, Michael B. Gerrard
Climate Change Action Without Congress, Michael B. Gerrard
Faculty Scholarship
Congress has not enacted major environmental legislation since 1990, and no end to the paralysis is in sight. Nonetheless, there is a great deal that the Obama Administration can do with its existing statutory powers to fight climate change.
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Faculty Publications
The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …
Slides: Air Monitoring And Litigation Update, John Jacus
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Playing Without Aces: Offsets And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offsets And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Nathan D Richardson
The U.S. Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under the relevant part (Section 111) of the CAA. This paper takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and, above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has …
Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta
Can The Esa Address The Threats Of Atmospheric Nitrogen Deposition? Insights From The Case Of The Bay Checkerspot Butterfly, Zdravka Tzankova, Dena Vallano, Erika Zavaleta
Zdravka Tzankova
The Bay Checkerspot Butterfly reached its threatened status largely as a result of habitat loss through development. The species now benefits from the habitat pro- tection powers of the Endangered Species Act, yet the biggest new hazard to the survival of remaining Bay Checkerspot Butterfly populations may come from atmospheric nitrogen deposition. Driven by combustion and agricultural emissions, such deposition is an important cause of change in ecosystem structure and function, including potentially critical changes in the remaining Bay Checkerspot Butterfly habitat. We use the Bay Checkerspot Butterfly case to examine whether the Endan- gered Species Act, as it currently …
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder
35 slides
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
San Diego Journal of Climate & Energy Law
As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates
44 slides