Insights

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.

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.

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.

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.

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.

"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%.

U.S. Domestic Climate Policy — Looking Forward

Winter 2021 • There are two broad categories of actions that the Biden administration can and seems likely will take to address climate change aggressively.

Preparing for Climate Disasters

January-February 2021 • With new funding to reduce risks before calamity strikes, the Biden administration has an opportunity to ensure that state and local governments have the resources and capacities needed for effective mitigation projects that will meet multiple community needs.

Rulemaking Developments in 2020

Winter 2021