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U.S. Government

Breaking Precedent: SCOTUS in the Midst of a Pandemic

In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court held, 6-3, that the Clean Water Act requires a national pollutant discharge elimination system permit “when there is the functional equivalent of a direct...

Time to Rethink the Supreme Court’s Interstate Waters Jurisprudence

This October Term, the U.S. Supreme Court will be asked to weigh in on three and possibly all four of its pending original jurisdiction controversies over interstate waters. The Court’s past judgments and opinions have established...

The Impact of Justice Kennedy and the Effect of His Retirement

Justice Anthony Kennedy’s retirement in July has the potential to significantly affect the field of environmental law for years to come. The Supreme Court’s 2019 docket includes cases that cover a litany of environmental issues, and his...

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...

Integrating Climate Change Resilience Into HUD’s Disaster Recovery Program

A changing climate means that storms, floods, wildfires, and even coastlines cannot be expected to adhere to historical patterns. Federal agencies responsible for risk management and disaster recovery have begun giving priority to this...

2014 Supreme Court Review and Preview

On October 1, 2014, the Environmental Law Institute held its annual U.S. Supreme Court update for the 2014 term, again featuring the leading experts in the country. ELI President John Cruden led a discussion with two of the most...

How Best to Use CAA 118(d) to Regulate Existing Power Plants' Carbon Emissions

President Barack Obama has directed EPA “to use your authority under §§111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed,...

"Touby" or Not "Touby": The Constitutional Question When Congress Authorizes State and Local Governments to Legislate the Contours of Federal Criminal Law

Congress allows state and local governments to legislate federal criminal law. Violating some local ordinances, for example, constitutes a federal felony under the CWA. The U.S. Supreme Court has not yet decided how to review this type...

Become a Rulemaking Ninja: Exploring the OIRA Web Portal

In the first term of the Obama Administration, the White House Office of Information and Regulatory Affairs (OIRA) introduced an interactive web portal designed to give you better information about the president’s centralized system of...

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