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Wetlands Regulation in the Political Swamp

Legal Planet

Thom Tillis (R-NC) described it as a “stifling regulation” that would “cripple” agriculture and do irreversible damage. Only one witness was able to testify in favor of the rule, San Francisco law professor Dave Owen, but his sober legal analysis was swamped in the flood of invective.

Politics 194
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Everywhere and Forever All at Once: PFAS and the Failures of Chemicals Regulation

Legal Planet

This post was originally published on the Law & Political Economy Blog as “How Environmental Law Created a World Awash in Toxic Chemicals.” Indeed, the PFAS disaster points once again to the failure of our laws regulating toxic chemicals, which were intended to avoid just these sorts of problems.

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The Supreme Court’s Top-10 Environmental Law Decisions

Legal Planet

What are the most important Supreme Court decisions in environmental law? Unless the Court moderates its views, future regulations will face tough sledding. And would the limits be set by regulations applying to entire industries, or on a facility-by-facility basis? With that as background, here’s the list in chronological.

Law 147
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Navigating Net Zero Via the Law  

Union of Concerned Scientists

It also encourages badly needed reforms inside and outside of government and will help create new political coalitions. Our study offers a lens on how four key nations are using the law to navigate net zero, highlighting their varied approaches and the potential for legal strategies to accelerate progress.

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State and Local Governments Across the Country are Sidelining Science. Here’s What’s Needed

Union of Concerned Scientists

This blog post was co-authored by Martha Kinsella, former senior counsel in the Democracy Program at the Brennan Center for Justice at NYU Law. To keep such episodes from happening, states need to put in place laws and policies to safeguard the integrity of science used in policymaking.

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Today’s Vaccine Cases: Implications for Climate Change Regulation

Legal Planet

Today, however, I’m going to focus instead on the conservative split and what it might mean for environmental law. The majority also finds no precedent for a rule of this kind in previous OSHA actions, and it views the vaccine mandate as involving “vast economic and political significance.”

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The Complex Legal Context of EPA Methane  Regulations

Legal Planet

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.