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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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Reports
Where Are We Now? A Year of Agency & Attorney General Action
This report looks at AG policy wins from the past year; reviews federal rulemaking progress during the Biden administration so far; and examines the importance of and obstacles to public input, as well as the role AGs can play in facing those challenges.
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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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Blog
Carving Out Funds for Clean Energy
Hocus Pocus? Not in the IRA! The Inflation Reduction Act is designed to push money towards clean energy and clean transportation and to supercharge these issues at the state and local level. Here is a breakdown of some of its major goals along with the current status.
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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?
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Articles
Agencies Can Avoid Major Questions Risks
The Debate: 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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Blog
WOTUS, SCOTUS, and Pigs, Oh My!
The Supreme Court is starting up its new term next week. What is on its environmental docket, you ask? Could it be bigger than last year? Quite possibly!
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Blog
EJ Statutes Grow at the State Level
Several states have started to address the disproportionate and inequitable effects that their low-income and minority communities have long faced through new statutes that impose permitting limits or enshrine additional environmental review requirements.
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Articles
No Longer a Major Question About the Court’s New Direction
“In the Courts” Column: This past term, the Supreme Court had a chance to remake environmental law—and it took that opportunity.
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Blog
Any (Major) Questions? Environmental Law at the Supreme Court
Yes, the Supreme Court’s recent decision in West Virginia v. EPA was a big deal. But how big a deal was it really? And what does it mean for EPA’s climate policies and regulatory authority?
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Blog
Neither Snow, Nor Rain, Nor Heat, Nor...Gas-Powered Fleet
The U.S. Postal Service uses hundreds of thousands of aging vehicles to deliver mail. To keep the fleet functional, it recently decided to replace up to 165,000 of those vehicles with new ones.
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Articles
It Is Time to Talk About the Biden Administration’s Record in Court
“In the Courts” Column: The Biden administration has, like the Trump administration that preceded it, faced pushback in court for its environmental policies.
Insights by Bethany Davis Noll (Executive Director)
Bethany Davis Noll is an expert in administrative and environmental law and an experienced litigator. She is an adjunct professor at NYU Law and former co-chair of the Environmental Law Committee of the New York City Bar Association.