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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.
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Articles
No Big News Yet From a Changed Court’s Environmental Docket
July-August 2021 • With the addition of Justice Amy Coney Barrett to the Supreme Court this term, environmental advocates are alert for inklings of how the Court’s new makeup will affect their work.
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Articles
Social Cost of Carbon Is a Case Study on Courts, Executive Orders
May-June 2021 • The Biden administration’s use of executive orders to make policy and direct agencies has already come under attack.
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Articles
Disorder in the Courts — More Than Usual Transition Upheaval
March-April 2021 • If past is prologue, as it often is in politics, the Obama-Trump transition can serve as a guide for what the new Biden administration can expect in its first few weeks and months.
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Articles
"Tired of Winning": Judicial Review of Regulatory Policy in the Trump Era
2021 • While prior administrations prevailed in approximately 70% of legal challenges to agency actions, the Trump Administration’s success rate was 23%.
