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What’s Happening with the Other Clean Air Act (CAA) §111(d) Rule?

Posted on November 24, 2017 by Steve Kohl Long ago and in what seems like a faraway place, the D.C. Circuit.... Read More

Court Rejects BLM’s Efforts to Unbalance the Scales of Justice

Posted on November 6, 2017 by Seth Jaffe Last month, Magistrate Judge Elizabeth Laporte granted summary judgment to plaintiffs and vacated the Bureau.... Read More


Posted on September 19, 2017 by Kenneth Gray No longer emerging, Per- and Polyfluoroalkyl Substances (PFASs) have exploded on the environmental.... Read More

Turn On, Plug-In​, Peel Out

Posted on September 18, 2017 by Samuel I. Gutter (With apologies to the late Timothy Leary [“Turn on, tune in, drop.... Read More

Using Offsets with a Carbon Tax? Use what works.

Posted on August 21, 2017 by Jeffrey C. Fort Proposals to adopt a fee on emissions of greenhouse gases (also called.... Read More

NGOs 1, Trump EPA 0: The First Skirmish in the Great Environmental Rollback War Goes to the Greens

Posted on July 11, 2017 by Seth Jaffe Last week, the D.C. Circuit Court of Appeals handed environmentalists at least a temporary.... Read More

Is It a Dividend? Is It a Tax? Could President Trump Care Less?

Posted on June 26, 2017 by Seth Jaffe In February, I posted about the formation of the Climate Leadership Council and its push for what.... Read More

Does Chevron Ever Permit EPA to Rewrite a Statute? EPA’s Release Reporting Exemptions Are Struck Down

Posted on April 13, 2017 by Seth Jaffe On Tuesday, the Court of Appeals for the District of Columbia vacated EPA’s final.... Read More

Trump’s “Tortured” Maneuvering Can Be Legal Maneuvering

Posted on April 11, 2017 by Dick Stoll Bob Sussman is a former high-ranking Obama and Clinton EPA official with a.... Read More

Should Courts Defer to EPA’s Scientific Expertise if EPA Gets Rid of Its Expertise?

Posted on April 6, 2017 by Seth Jaffe Earlier this week, the 9th Circuit Court of Appeals rejected challenges to the Federal Implementation Plan.... Read More