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Articles
Examining the Role of AGs in a Just Transition
Fall 2022
This article reviews many of the policies and tools that can be and are being harnessed to bring about a “just transition,” ensuring that the emerging clean energy sector provides high quality jobs and that needs of current fossil fuel workers are also adequately addressed. These policies exist at the intersection of workers’ rights and environmental policy.
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Articles
A Dormant Threat to State Clean Energy, Public Health Programs
November-December 2022
This term, the Supreme Court is considering a case about the Dormant Commerce Clause—with the potential to curtail state powers to issue rules that favor a certain energy mix along with safety and health standards. How did we get here?
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Articles
Agencies Can Avoid Major Questions Risks
November-December 2022
The decision in West Virginia v. EPA required the Supreme Court to take two analytical steps that pose threats to future environmental regulation—but they should not be insurmountable.
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Articles
No Longer a Major Question About the Court’s New Direction
September-October 2022
This past term, the Supreme Court had a chance to remake environmental law—and it took that opportunity.
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Articles
It Is Time to Talk About the Biden Administration’s Record in Court
May-June 2022
The Biden administration has, like the Trump administration that preceded it, faced pushback in court for its environmental policies.
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Articles
Putting the Public Back into Public Convenience and Necessity in Natural Gas Pipeline Certificates
Spring 2022
It was a hot summer for FERC on several fronts, including a continuing trend of closer scrutiny of the interstate natural gas pipelines under its jurisdiction.
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Articles
A Battle Over Major Questions Is Brewing in the High Court
March-April 2022
In February, the major questions doctrine took center stage when the Supreme Court heard argument in the biggest environmental case on its docket this term, West Virginia v. EPA.
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Articles
With the ACE Rule Cert Grant, Where Is the Court Headed?
January-February 2022
At the end of October, the Supreme Court decided to take on the Affordable Clean Energy regulation, a case where it will be ruling entirely in hypotheticals.
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Articles
Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris
2021
With the dawn of the Biden Administration, there is renewed optimism that the U.S. will take steps to fulfill its responsibilities under the Paris Agreement and curb GHG emissions
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Articles
Presidential Transitions: The New Rules
December 2021
The Trump administration was unusually aggressive in using an obscure set of tools to undo the Obama administration’s regulatory legacy.
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Articles
Instead of ‘Hot Summer’ for FERC, Commission Lands in Hot Water
November-December 2021
The courts are paying attention to FERC and its analysis of need, climate impacts, and environmental justice (or lack thereof). A pair of decisions highlights a new era for the panel, even as the commission shifts priorities under President Biden.
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Articles
Last Term’s High Court Decisions Hint at an Incremental Strategy
September-October 2021
As the new Supreme Court terms begins, environmental professionals are waiting to see if the justices, one third of them recent appointments, will take more aggressive steps in this area than they did last term.
