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
EPA
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
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
Pebble Mine and EPA’s Veto Authority Under the Clean Water Act
By Cecilia Segal -— October 7 at 9:50 a.m. Since 2011, the Pebble Limited Partnership (“PLP”) has been attempting to build a large-scale copper and gold mine in the Bristol Bay watershed in southwestern Alaska.[1] The mine proposal includes an open pit mine, a tailings facility, a power generating station, a deepwater port, and substantial transportation infrastructure, and is … [Read more...] about Pebble Mine and EPA’s Veto Authority Under the Clean Water Act