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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

New Car Emissions Feared To Increase Global Temperatures, State Standing: Massachusetts V. Epa, Nick Bisher

Mercer Law Review

As debate over global warming continues to intensify, the United States Supreme Court has taken steps to begin addressing the many interests asserted by private and public parties. In Massachusetts v. EPA, the Court issued a landmark opinion that gives states the power to assert their rights under the Clean Air Act in federal court. The Court also ruled that the Environmental Protection Agency ("EPA") acted arbitrarily and capriciously in denying a petition to promulgate a rule establishing limits on new motor vehicle emissions of carbon dioxide and other greenhouse gases ("GHGs") under the Clean Air Act. This decision …

Give A Hoot, Don’T Pollute: The Roberts Court And The Environment, David A. Schultz

David A Schultz

Analysis and predictions on the jurisprudential direction of the Roberts Court have thus far produced articles examining its possible impact on several areas of law, but so far none have assessed the Court’s treatment of environmental issues in a comprehensive fashion, even though it has decided seven cases in this area in the 2005 and 2006 terms. This Article reviews these seven decisions, concluding that based on them there is no discernable pro-business bias thus far as some had predicted. However, the Court is very divided ideologically on environmental issues, suggesting that the next presidential appointment could have a major …

New Jersey V. Epa, Nathan Borgford-Parnell

Sustainable Development Law & Policy

No abstract provided.

California Sues Epa After ‘Unconscionable’ Waiver Denial, Addie Haughey

Sustainable Development Law & Policy

No abstract provided.

Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate

Journal Publications

The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and local legislative initiatives and climate change litigation will be essential to achieve some progress in the ongoing challenge to combat the causes and effects of climate change. This Article focuses on one of those gap-filling efforts: public nuisance suits against power companies and automobile manufacturers for the climate change impacts caused by emissions from those …

The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson

Articles

Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the courts. As they note, the quality of agency deliberation matters to two different debates. First, should an agency interpretation of statutory language to preempt state law receive Chevron deference in the courts, as other agency interpretations may, or should some lesser form of deference be given? Second, should a general statutory authorization to an agency to administer a program and to issue rules …

Massachusetts V Epa: Escaping The Common Law's Growing Shadow, Robert V. Percival

Faculty Scholarship

In its first full Term with its newest member, the U.S. Supreme Court marched decidedly to the right with decisions narrowing abortion rights, striking down affirmative action programs, invalidating campaign finance regulations, and making it more difficult for victims of employment discrimination to seek redress. In the face of this rightward shift the most surprising decision of the Term was the Court’s embrace of claims that the U.S. Environmental Protection Agency (EPA) had acted unlawfully by refusing to use the Clean Air Act to combat climate change. In Massachusetts v EPA, the Court held that EPA had the authority to …

States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood

Oklahoma Law Review

No abstract provided.