By Daniel Carpenter-Gold—May 6 at 5:46 p.m. Courtney McVean and Justin Pidot’s article, Environmental Settlements and Administrative Law, appearing in Volume 39.1 of the Harvard Environmental Law Review, addresses the practice of federal agencies settling with interest groups in litigation over the agencies’ regulatory practices. This “sue and settle” practice is not new, but … [Read more...] about The Logic of Sue and Settle
environmental regulation
Climate Adaptation for Non-Humans: The Role of Assisted Migration
By Christine Zaleski—April 22 at 5:02 p.m. On January 30, 2015, President Obama again demonstrated his willingness to tackle climate change issues using his executive authority, signing an Executive Order requiring new federal buildings constructed in floodplains to be built at higher elevations. This action is one of many that governments around the world have taken to adapt … [Read more...] about Climate Adaptation for Non-Humans: The Role of Assisted Migration
Wallach v. Town of Dryden and Local Control of Hydraulic Fracturing
By Carter Hall—November 20, 2014 at 11:03 a.m. On June 30 of this year the Court of Appeals of New York issued its final ruling in Wallach v. Town of Dryden, holding that municipalities in New York State have the authority to exclude hydraulic fracturing from their borders through zoning.[1] Although the case hinged upon the interpretation of a New York statute with no reach … [Read more...] about Wallach v. Town of Dryden and Local Control of Hydraulic Fracturing
There’s More than Just Climate: People Need Protection Against Air Toxics, Too
By Seth Johnson — November 13 at 10:39 a.m. Seth Johnson is a Senior Associate Attorney with Earthjustice and a graduate of Harvard Law School, where he served as Editor-in-Chief of the Harvard Environmental Law Review. Climate change is the environmental issue of the day and it, deservedly, is the focus of great attention. But many domestic air pollution issues remain, and … [Read more...] about There’s More than Just Climate: People Need Protection Against Air Toxics, Too
Exploring the EPA’s New Power Plant Regulations with Professor Jody Freeman and Professor Richard Lazarus
By Samantha Caravello -— October 14 at 12:11 p.m. [Update: a video of Professor Freeman and Professor Lazarus's talks at the Harvard University Center for the Environment is available here.] In June, EPA released a proposed rule for regulating greenhouse gas emissions from existing power plants pursuant to its authority under Section 111(d) of the Clean Air Act (“CAA”). … [Read more...] about Exploring the EPA’s New Power Plant Regulations with Professor Jody Freeman and Professor Richard Lazarus