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Environmental Protection Agency

Union of Concerned Scientists v. Pruitt: Can EPA Purge Its Academic Science Advisors?

This Comment analyzes Union of Concerned Scientists v. Pruitt by providing relevant background and then examining the four specific claims put forth in the suit. Ultimately, based upon this analysis, the Comment concludes that...

“Running on Fumes”: The Development of New EPA Regulations in an Era of Scarcity

EPA’s operating budgets and staff size are at historically low levels, and the volume of its facility inspections and civil enforcement cases has dropped. The enforcement resources available to state environmental agencies have also...

An Environmental Legal Practitioner’s Guide to EPA’s Website

Because of the breadth of the Agency and its administrative responsibilities, locating useful information in a timely and effective manner can often be frustrating. In an effort to provide insight into this “green haze,” this Article is...

A Fresh Start for EPA Enforcement

Editor's Summary: EPA's enforcement effort is starting to recover after a recent ebb in activity. In this Article, Eric Schaeffer examines how appointees under the next Administration can take advantage of the new momentum to build an...

Access to Courts After Massachusetts v. EPA: Who Has Been Left Standing?

Editors' Summary: On May 3, 2007, the Environmental Law Institute (ELI) hosted a seminar to discuss the recent U.S. Supreme Court ruling in the Massachusetts v. EPA case. This seminar was a follow-up to ELI's December 13, 2006, seminar...

Some Thoughts on the Interdisciplinary Aspects of Environmental Enforcement

Editor's Summary: A multitude of parties are involved in the enforcement of environmental laws. While attorneys, scientists, investigators, and other trained professionals working at the federal, state, and local level are all necessary...

Massachusetts v. EPA: The D.C. Circuit's Failure to Extend the Clean Air Act to Greenhouse Gas Emissions

Editors' Summary: On July 15, 2005, the U.S. Court of Appeals for the D.C. Circuit upheld EPA's decision not to regulate carbon dioxide and other greenhouse gas (GHG) emissions from automobiles, thereby thwarting efforts to use the CAA...

EPA's Startup, Shutdown, and Malfunction Policy: "The Cart and the Horse Are In the Ditch"

Editors' Summary: On December 14, 2004, the U.S. District Court for the Northern District of Georgia ruled that a series of EPA policy memoranda aimed at addressing excess emissions that occur during startup, shutdown, and/or...

"Neither the Best of Times Nor the Worst of Times": EPA Enforcement During the Clinton Administration

Editors' Summary: This Article examines the enforcement efforts at EPA during the Administration of President William J. Clinton from 1993 to 2001. It covers EPA's reorganization, budget dispute, institutional intragovernmental...

EPA's Lag in Responding to Scientific Advancements: A Reply to Conrad

Responding to the latest scientific advancements is not a simple matter for the U.S. Environmental Protection Agency (EPA). A number of factors--such as the extent to which the new information intersects with EPA's statutory mission, as...

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