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Articles
The High Court’s Environmental Docket Continues to Make Waves
July-August 2023
The Supreme Court decided two cases in May that will have profound implications for environmental protection around the country, Sackett v. EPA and National Pork Producers Council v. Ross.
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Articles
Not an Afterthought: Remedies Receiving Their Day in Court
May-June 2023
There is news in the world of remedies for agencies that violate the law. These developments could have repercussions for any incoming president seeking to roll back the prior administration’s policies, as well as implication for parties seeking to avert environmental harms.
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Articles
In a Threat to State Priorities, a Broadside Against Standing
March-April 2023
A pair of cases are pending in the Supreme Court that may stretch or upend standing and administrative law doctrine, with dramatic impacts on environmental protection.
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Articles
Will Environmental Policies That Consider Race Survive in Court?
January-February 2023
The Supreme Court heard two related cases this term that are not about pollution or natural resources but that nonetheless could undermine one of President Biden’s biggest environmental efforts, dubbed Justice40.
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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.
