Ohio Train Derailment Is Another Excuse for Mudslinging and Conspiracy Theorizing
Plus: Did the Pentagon shoot down a hobby radio balloon?, Kentucky abortion ban can be enforced, and more...
Environmental Protection Agency
No, Recycling Will Not Save the Environment
Despite what you may have heard, many "recyclables" sent to recycling plants are never recycled at all.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
Biden Is Pushing 'Equity' and 'Environmental Justice' Into Every Corner of the Regulatory State
Will a new commission at the U.S. Department of Agriculture solve racism? We're going to find out.
The Sackett Oral Argument and the Problem of Defining "Waters of the United States"
The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.
Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Elena Kagan's Valid Critique of the Supreme Court's 'Shadow Docket'
“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Supreme Court Limits EPA's Ability To Impose Costly Greenhouse Gas Emissions Cuts
Any future regulations will require clear authorization from Congress.
Environmental Protection Agency
EPA Pushes Back Power Plant Greenhouse Gas Regulations While Awaiting Supreme Court Ruling
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
GMOs Are Good for Us
The activists who say otherwise are wrong on the costs and wrong on the science.
Biden's Plan To Ease Gas Prices Will Save Drivers a Few Cents at Some Pumps…2 Months From Now
Plus: Why high inflation is getting more attention than low unemployment, how to make supply chains more resilient, and more...
Environmental Protection Agency
Environmentalists Are Blocking the Post Office From Replacing Busted 30-Year-Old Mail Trucks
Congressional Democrats are insisting on expensive green tech, even though USPS is in desperate financial condition.
Biden Has His Eye on Bitcoin
The president's anticipated executive order stopped short of feared regulations but suggests federal unease with uncontrolled development.
Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA
At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.
Climate Change Returns to the Supreme Court: Previewing West Virginia v. EPA (Updated)
The most important environmental case of the 2021-22 term will be heard next week.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
The EPA Has Spent 15 Years Blocking This Couple From Building a Home. Will the Supreme Court Come to the Rescue?
Michael and Chantell Sackett say they shouldn't have to spend years—and hundreds of thousands of dollars—just getting permission to build on their suburban lot.
Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act
The Sacketts get a return trip to the Supreme Court.
Will Environmental Regulations Stop SpaceX?
The lawsuit could be a bellwether of how federal agencies must handle a burgeoning private space industry.
EPA/Army Corps Propose to Formalize Waters of the United States Definition
Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.
D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)
A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.
There Would Be a Lot More Good News if Government Would Get Out of the Way
"The quality of life we have even during COVID is so much higher than anything humanity experienced, and it's only going to get better."
Biden Reverses Trump's Showerhead Deregulation
"You have showers where I can't wash my hair properly. It's a disaster!" said Trump in 2015.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Environmental Protection Agency
Will Chantell and Michael Sackett Get Another Day in the Supreme Court?
The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.
District Court Orders Remand-Without-Vacatur of Trump WOTUS Rule
The Trump Administration's Clean Water Act rule will remain in place while the Biden Administration works on a replacement.
Court Blocks Biden Administration "Pause" of Oil & Gas Development on Federal Lands
The Biden Administration suffers a significant setback in its efforts to curb fossil fuel development.
No, Genetically Modified Mosquitoes Will Not Turn the Florida Keys Into Jurassic Park
The goal is to drastically reduce the population of disease-carrying bloodsuckers.
Democrats Learn to Love the Congressional Review Act
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
Are Federal Greenhouse Gas Emission Regulations A Sensible Strategy for Climate Change?
If there is an urgent need for emission reductions, regulatory ossification and legal risks counsel the consideration of other approaches, such as a carbon tax.
Did the Assault on the Capitol Derail Last-Minute Trump Regulations?
Rioters who ransacked a Senate office may have prevented a few Trump policies from taking effect.
D.C. Circuit Considers Obama and Trump Administration Climate Rules
A marathon oral argument on EPA's attempts at climate policy.
The Environmental Protection Agency Is Turning 50
A symposium looking back at the agency's history, and forward to its future.
What Explains the "Republican Reversal" on Environmental Protection?
A book review of "The Republican Reversal: Conservatives and the Environment from Nixon to Trump" by James Morton Turner and Andrew C. Isenberg
Supreme Court's Muddled Clean Water Act Ruling Threatens Property Rights and the Trump Administration's Deregulation Efforts
Federal clean water regulations are a confusing mess for property owners. The Supreme Court just made things worse.
D.C. Circuit Rejects Trump Reforms of EPA Science Advisory Committees
Another big legal victory for environmental groups this week.
The Trump Administration's Uncooperative Environmental Federalism
The EPA has talked the talk of cooperative federalism, but it's not yet fully walking the walk.
Environmental Protection Agency
Is Trump's EPA Seeking To Gut Good Science?
Congress wants to know if the agency is strengthening transparency or silencing science.
Another Court Invalidates 2015 WOTUS Rule
As we await the Trump Administration to finalize a new definition of "waters of the United States," federal courts continue to reject the Obama Administration's effort
Court Tosses 2015 WOTUS Rule
In redefining "waters of the United States," the Obama Administration failed to follow the Administrative Procedure Act.
Revising WOTUS
The Trump Administration is attempting a welcome redefinition of "waters of the United States"
Environmental Protection Agency
It's 'Time to Panic' Over Climate Change, Asserts New York Times Op-Ed
That's wrong. Promoting fear hinders more than helps environmental progress.
Let the WOTUS Wars Commence
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.
Environmental Protection Agency
Environmental Protection Agency Gives $45,000 Grant to Help Non-Profit Build Sea Turtle-Shaped Trash Can
The $45,000 grant goes to a New York environmental group's "Going Strawless to Save the Sea Turtle" campaign.
Environmental Protection Agency
The EPA Wants to Get Out of Puddles and Ditches. Environmental Activists Are Outraged.
A welcome new federal approach under the Clean Water Act.