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Articles
Major Questions Doctrine May Not Be What Administrative Foes Seek
“In the Courts” Column: Regardless of what happens with the Chevron cases in the Supreme Court this term, both undecided at press time, the related Major Questions Doctrine will continue to be a weapon of choice against administrative actions implementing environmental laws. But will those challenges succeed?
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Articles
Securities Law Tackles Impact of a Changing Climate on Bottom Line
“In the Courts” Column: With its recent climate risk rule, the Securities and Exchange Commission has begun to create a regime where investors will receive reliable disclosures about climate problems that they can compare across companies. The rule faces suits, but SEC is on solid ground with focus on material risks.
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Articles
The Court Takes Up Cross-State Air Again—but on Shadow Docket
“In the Courts” Column: The Supreme Court recently heard an argument in a case about EPA’s recent rule regarding air pollution that crosses state borders. Since the Court heard a similar case in the past decade, it will be interesting to see if the new lineup leads to a different result or whether the Court will stick to its own precedent.
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Articles
A Scorecard on the Cases Seeking to Stop Atlantic Offshore Wind
“In the Courts” Column: Huge offshore wind turbines will be going up soon on the Eastern Seaboard. These projects will help provide electricity to areas
of high demand while also enabling a move away from fossil fuel-fired generation. Several courts have issued decisions about such projects this year, helping to illustrate the legal thicket that these projects must navigate. -
Articles
A Do-Nothing Rule in the Court Threatens Much Agency Regulation
“In the Courts” Column: There aren’t many environmental disputes on the Supreme Court’s docket this term. But in one case the Court has granted certiorari on the question of whether it should overrule Chevron v. NRDC, one of the most important precedents in all of law.
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Articles
Green Amendments: Lessons From Hawai'i, New York, and Montana
“In the Courts” Column: Green amendments are sprouting up in state constitutions around the country and are starting to be tested in court. These provisions generally guarantee a right to a clean and healthy environment and, if recent cases are any indication, they may have teeth.
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Articles
The High Court’s Environmental Docket Continues to Make Waves
“In the Courts” Column: 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
“In the Courts” Column: 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
“In the Courts” Column: 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?
“In the Courts” Column: 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
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
“In the Courts” Column: 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?
