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AN UNDERGROUND RIVER RUNS THROUGH IT

Posted on November 8, 2017 by Andrew Goddard Environmental groups have for years sought greater regulation of coal ash waste from.... 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

Cooperative Federalism – 1; State Defendants in the Flint Water Crisis – 0

Posted on September 26, 2017 by Jeffrey Haynes In a case of first impression, a divided Sixth Circuit held that the.... Read More

Trump’s 2-For-1 Order: Still Arbitrary and Capricious After All These Months

Posted on September 15, 2017 by Seth Jaffe In June, I posted about Foley Hoag’s brief in support of those challenging Executive Order 13771, the.... Read More

A Win for Appropriative Water Rights

Posted on August 25, 2017 by Rick Glick In an unpublished opinion released August 24th, the Ninth Circuit rejected a long.... 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

Reports of the Death of the SEP Have Not Been Greatly Exaggerated

Posted on July 21, 2017 by Seth Jaffe Last month, Attorney General Sessions barred DOJ from entering into settlements that provide for payments.... Read More

Trump’s “2 for 1” EO: Can You Say “Arbitrary and Capricious”?

Posted on June 6, 2017 by Seth Jaffe Last month, Mark Walker posted about Executive Order 13771.  Mark’s post was generally favorable, noting that.... Read More

Perhaps It Should Be Renamed the “Really, Really, Endangered Species Act”

Posted on May 1, 2017 by Seth Jaffe Last Friday, the 9th Circuit Court of Appeals affirmed a District Court decision ruling that the.... 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