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“The Major Questions Doctrine” by the Supremes

Posted on February 17, 2022 by Ridge Hall On January 13, 2022, the Supreme Court stayed OSHA’s emergency temporary.... Read More

Rulemaking Nightmares

Posted on October 6, 2021 by John M. Barkett Part I: Rulemaking Beginning in 2012, I spent seven years.... Read More

Taking a Five-Year-Old to Court: EPA’s First 10 Risk Evaluations Meet the Bench

Posted on July 12, 2021 by Alexandra Dapolito Dunn The 2016 Lautenberg Amendments turning five on June 22, 2021.... Read More

Using Subject Matter Jurisdiction to Dump Inconvenient Cases

Posted on June 22, 2021 by Adam Babich Successful objections to subject matter jurisdiction can operate like a King’s-X.... Read More

Loving—and Living with—the Neutrality of Administrative Law

One salutary feature of administrative law—the core practice of many environmental litigators—is its predominant neutrality. There is nothing partisan.... Read More


Posted on January 26, 2021 by Dick Stoll On January 19, 2021, the D.C. Circuit issued its long-awaited decision on the.... Read More

Combating Climate Change with the Clean Air Act’s International Air Pollution Provision

Posted on November 23, 2020 by Michael Burger As the key staffing decisions and priority policy agendas for President-elect Joseph R..... Read More

An Oily Test for the Public Trust Doctrine

Posted on November 17, 2020 by Jeffrey Haynes On November 13, Michigan Governor Gretchen Whitmer (“That woman from Michigan!”) issued a notice to.... Read More


Posted on July 2, 2020 by Dick Stoll In my ACOEL post of June 10, 2019, I led with this: “Seth Jaffe’s.... Read More

Think Globally, Act Locally?

Posted on March 10, 2020 by Mark W. Schneider In Washington State, some legislators and regulators have been acting locally.  But.... Read More