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Full-Text Articles in Law
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
Faculty Scholarship
Under President Clinton the U.S. EPA took the position that it had the authority to regulate greenhouse gases (GHGs) from motor vehicles under the Clean Air Act as written, but the Clinton administration did not take affirmative steps to actually employ that authority. When President Bush took office, the General Counsel of EPA took the opposite position, stating that it would need special authorizing legislation in order to architect that regulation. A petition was filed with the EPA by the International Council for Technology Assessment and other organizations asking EPA to impose such regulations. EPA denied the petition. This led …
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Faculty Scholarship
In view of the dramatic shift in the nation's environmental policy that is presaged by the ascension of Barack Obama, I have been asked to suggest several actions that should be undertaken by the new administrator of the Environmental Protection Agency (EPA).
This article was written on Jan. 26, 2009, six days after the inauguration. It is to appear in March. Thus every reader will know something that, today, I don't – what long-pent-up actions were taken by President Obama shortly after he moved into the Oval Office. But I am guessing that by the time this article appears, Lisa …
Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard
Court Of Appeals Expands Seqra Standing After An 18-Year Detour, Michael B. Gerrard
Faculty Scholarship
The most controversial decision in New York environmental jurisprudence is almost certainly Society of the Plastics Industry v. County of Suffolk (Plastics), in which the Court of Appeals ruled in 1991 that plaintiffs in suits under the State Environmental Quality Review Act (SEQRA) must show that they are affected differently than the public at large. In the 18 years since that decision, the New York Attorney General, the State Department of Environmental Conservation, the New York State and New York City bar associations, and numerous environmental groups all filed amicus briefs or issued reports calling for the reversal of …