Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Clean Air Act (2)
- Climate change (2)
- Environmental protection (2)
- Environmental regulation (2)
- Greenhouse gas emissions (2)
-
- Massachusetts v. EPA (2)
- Administrative law (1)
- American Pelagic Fishing Co. (1)
- Article III (1)
- Commercial fishing (1)
- ESA (1)
- Ecosystem (1)
- Endangered (1)
- Fifth Amendment (1)
- Magnuson-Stevens Fishery Conservation and Management Act (1)
- Species (1)
- Standing (1)
- State standing (1)
- Takings Clause (1)
- Vehicle emission standards (1)
- Wildlife (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins
Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins
Faculty Publications
The Endangered Species Act was created in response to a rapid decline in species biodiversity. Although Congress chose direct protection of individual species as its tool, protecting ecosystems (a necessary component of biodiversity) was clearly one of the goals for which that tool was to be used. A species can be abundant in some areas and declining in others, such that protecting the entire species does not make sense. Congress dealt with this issue by amending the Endangered Species Act in 1978 to allow for protection of “distinct population segments,” thereby allowing the population in decline to be protected in …
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
A Window Into The Regulated Commons: The Takings Clause, Investment Security, And Sustainability, Josh Eagle
Faculty Publications
The holding of the U.S. Court of Appeals for the Federal Circuit in American Pelagic Fishing Co. v. United States points to the conclusion that the government will almost never be liable, under the Takings Clause, when fisheries regulations reduce the value of commercial fishing permits, vessels, or gear. From the perspective of natural resource economics, this is a healthy result. Economists suggest that solving commons problems requires that natural resources be under the complete control of a sole owner who makes self-interested decisions about resource use, and if the Fifth Amendment required the government owner to compensate fishermen when …
Warming Up To Climate Change Litigation, Jonathan H. Adler
Warming Up To Climate Change Litigation, Jonathan H. Adler
Faculty Publications
The surprise in Massachusetts v. EPA was not that it was a close, hotly contested case. Rather, the surprise was the facility and ease with which the Court majority dispatched opposing arguments and redefined prior precedents. Not content to widen doctrines on the margins, Justice Stevens' majority opinion blazed a new path through the law of standing and unearthed newfound regulatory authority for the United States Environmental Protection Agency. Under the Court's new interpretation, the Clean Air Act ("CAA" or "the Act") provides EPA with roving authority, if not responsibility, to regulate any substance capable of causing or contributing to …
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Faculty Publications
In their essay Breaking New Ground on Issues Other than Global Warming, Professors Kathryn A. Watts and Amy J. Wildermuth have presented a thoughtful preliminary analysis of the Supreme Court's handiwork in Massachusetts v. EPA. They are correct that the decision potentially paves new ground in administrative law, particularly with regard to state standing. The Court's approach to review of agency decisions to decline rulemaking petitions is also potentially significant, but perhaps less ground-breaking than they suggest. In the context of climate change policy their assessment of the Court's decision is too modest, however, for Massachusetts virtually ensures federal regulation …