The Flaws in Jarkesy and Why Certain Civil Penalties May Survive
Scholar argues that civil penalties under environmental laws may survive Seventh Amendment challenges.
An Elephant Giving Birth to a Mouse
The Court stayed the “good neighbor” provision of the Clean Air Act in Ohio v. Environmental Protection Agency.
Blind Spots in Environmental Enforcement
Five conditions have stunted EPA’s efforts to improve enforcement capabilities.
Could West Virginia v. EPA Strengthen State Climate Laws?
Scholars argue that a recent Supreme Court decision may bolster state climate lawsuits.
EPA’s New Power Plant Rule Fits Within Court-Upheld Authority
Proposed greenhouse gas emission limits rely on a legal pathway preserved by last year’s Supreme Court decision.
Seeking Suggestions on Noise Pollution
Scholars recommend policies to address the harms of excessive noise.
EPA Finds Evidence of Racial Discrimination in Cancer Alley
Black Louisiana residents have been disproportionately burdened by hazardous industrial air pollutants.
Think Globally on Climate, Act Locally on Leaf Blowers
Restricting gas-powered leaf blowers can positively affect the health of people and the planet.
How to Delegate Authority for Climate Action
Scholar advocates the use of foreign policy authority for executive branch climate action.
EPA Creates New Environmental Justice Office
A new office within EPA aims to make racial equity a key element in environmental rulemaking.
The Supreme Court’s Climate Ruling is Not a Calamity
Supreme Court decision hinders but does not halt agency action to address climate change.
Major Questions About Climate Regulation
Scholars argue that attacks on the constitutionality of federal climate change regulations distort the major questions doctrine.