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Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day
Maurer Law Events
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.
Habitat Federalism, Robert L. Fischman
Habitat Federalism, Robert L. Fischman
Articles by Maurer Faculty
THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.
This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
The Epa's Nepa Duties And Ecosystem Services, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Articles by Maurer Faculty
Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …
A Nonregulatory Challenge, A. James Barnes
A Nonregulatory Challenge, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
Toxic Victim Compensation, A. James Barnes
Toxic Victim Compensation, A. James Barnes
Articles by Maurer Faculty
No abstract provided.
Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White
Environmental Controls: Water Pollution Control Act Of 1972, Nicholas L. White
Articles by Maurer Faculty
No abstract provided.