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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...

Kaufman v. Perez

The D.C. Circuit held that an EPA employee's lawsuit against the Agency for allegedly retaliating against him in violation of several environmental whistleblowing provisions was untimely. In 2000, the employee was working in EPA's...

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...

National Pork Producers Council v. United State Environmental Protection Agency

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But there must be an actual discharge into...

United States Environmental Protection Agency

The Eleventh Circuit granted EPA's petition for a writ of mandamus to substitute the appearance of the EPA Assistant Administrator for Water for the appearance of the EPA Administrator at a hearing about compliance by the Agency...

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...

West Virginia Highlands Conservancy v. Johnson

A district court dismissed environmental groups' claim that the U.S. Environmental Protection Agency (EPA) has never undertaken the study of coal mining wastes requested by Congress and, accordingly, has failed to determine whether such...

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...

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