The WSJ notes that the EPA has had to backtrack and reevaluate allegations that hydraulic fracturing has been responsible for environmental contamination. On Friday, the agency told a federal judge it withdrew an administrative order that alleged Range Resources Corp. had polluted water wells in a rural Texas county west of Fort Worth. Under an agreement […]
Archive | Environment
Texas Wins Clean Air Act Fight with EPA
The U.S. Court of Appeals for the Fifth Circuit sternly rebuked the U.S. Environmental Protection Agency for overstepping its statutory authority in rejecting three air pollution control regulations adopted by the state of Texas for their alleged non-conformity with applicable Clean Air Act requirements. In Luminant Generation Company, LLC v. EPA, the Fifth Circuit the […]
EPA to Release More Greenhouse Gas Regulations
The Washington Post reports the Environmental Protection Agency will release proposed regulations governing the emissions of greenhouse gas emissions from power plants this week, perhaps as early as today. As described by the Post, this New Source Performance Standard regulation could put a halt to the construction of new coal-fired power plants unless and until […]
Thoughts on Sackett v. EPA
The regulators lost to the regulated today in Sackett v. Environmental Protection Agency. As Ilya notes below, the Supreme Court’s unanimous opinion held that property owners and other regulated parties may challenge administrative compliance orders issued by the Environmental Protection Agency under the Clean Water Act. This is a small, yet significant, victory guaranteeing a […]
The Green Costs of Kelo Revisited
By Jonathan H. Adler on February 29, 2012 12:33 pm in Eminent Domain, Energy, Environment, Kelo, Property Rights
In 2006, Ilya and I co-authored “The Green Costs of Kelo: Economic Development Takings and Environmental Protection,” in which we argued that allowing the use of eminent domain for economic development was bad for environmental conservation. Environmentalist advocates responded with disbelief. The Community Rights Counsel (the precursor to the Constitutional Accountability Center) went so far […]
Climate Change in the D.C. Circuit
Today the U.S. Court of Appeals for the D.C. Circuit will begin two days of oral arguments in a set of challenges to the EPA’s various rules applying the Clean Air Act to greenhouse gas regulations. These rules are the inevitable outgrowth of the Supreme Court’s decision in Massachusetts v. EPA, as I explain here […]
Fined for Failing to Do the Impossible
Back in 2007, Congress created a biofuels mandate under which oil companies are required to use a minimum amount of cellulosic ethanol each year. The mandate was supposed to encourage the development of a domestic cellulosic ethanol industry. This has not happened. Several years after the mandate was imposed, there is still no commercial cellulosic […]
Funk on Sackett
Over at RegBlog (an indispensable resource for those interested in regulatory policy), Lewis & Clark Law Professor William Funk comments on the stakes in the Sackett case: Many environmentalists fear that a decision by the Court in favor of the Sacketts would hamstring environmental enforcement, on the theory that if defendants may delay compliance during […]
Sackett Oral Argument
At SCOTUSBlog, Lyle Denniston characterizes the oral argument in Sackett v. EPA as “A Weak Defense of EPA.” Perhaps that’s because the EPA’s position, applied in this case, is difficult to square with traditional notions of due process. Denniston highlights one passage of the oral argument (transcript) that highlighted the nature of the government’s position: […]
Sackett v. EPA
Today the Supreme Court hears oral argument in Sackett v. EPA, a challenge to the federal government’s claim that landowners (and other regulated entities) may not obtain pre-enforcement review of an administrative compliance order under the Clean Water Act. I previewed the case before. Here is how the WSJ reports on the case this morning: […]
The Less Deadly Catch
The Discovery Channel’s “Deadliest Catch” reality show chronicles the exploits of several Alaskan king crab fishing vessels and their crews operating in the Bering Sea. The title for the show derives from the fact that Alaskan king crab fishing is one of the deadliest jobs around. If the environmental conditions weren’t perilous enough, the traditional […]
The Keystone Pipeline Precedent
Others have commented on President Obama’s decision to punt on the Keystone XL pipeline project. Ordering additional review pushes the decision past the next election and enables the Administration to evade responsibility should the project ultimately fail. As those who study environmental law know, delays of this sort are often enough to derail major projects […]
A Prize for Ocean Cleanup
Last month, the X-Prize Foundation announced the winners of the Wendy Schmidt Oil Cleanup Challenge. The challenge was created to spur the development of more effective oil spill cleanup methods. Specifically, the challenge offered $1.4 million in prizes for the development of removing oil from the ocean’s surface. The aim was to double the industry’s […]
Myths About Population
Global population is believed to top 7 billion. Is this a problem? Does 7 billion people constitute “overpopulation”? Nicholas Eberstadt doesn’t think so. In today’s Washington Post, Eberstadt punctures five “myths” about global population. The myths: The world is overpopulated. Rapid population growth keeps poor countries poor. For all its ethical problems, China’s one-child policy […]
Another Setback for Cape Wind
In 2002, federal reguators predicted it would take between 18-months and three-years for the proposed Cape Wind energy project in Nantucket Sound to receive federal approval. Nearly ten years later, the project is still awaiting full federal clearance, and has yet to begin construction. Full operation remains at least two years away. On Friday, the […]