Mar 30 2012

Twitter Link Round-Up: EPA Has to Give More Process for Compliance Orders and Chevron Employees Held in Brazil Over Oil Spill

Published by under News

Photo by Kelci Block

Afraid you missed something interesting in the world of environmental law?  Read on for a (non-comprehensive) list of articles posted on our Twitter feed @WMELSBlog.

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Aug 22 2011

Playing Catch Up: Major Environmental Stories from this Summer

Published by under News

Paul Souders/Stone/Getty Images via HowStuffWorks

If you’ve been watching the blog over the summer, you’ve noticed that we’ve been on a break and just posting our Twitter Round-Ups on Fridays.  Well, now that school has started again, we’re going to resume our regular posting schedule with three posts a week.  This first post is going to highlight the biggest environmental stories that happened over the summer and might have been buried in the list of Twitter posts.

 Supreme Court Decides Climate Change Nuisance Case

SCOTUS Blog: “Opinion Analysis: AEP v. Connecticut” 

Carefully noting that it was not deciding that global warming is a problem, the Supreme Court ruled Monday that Congress thinks it is, but has assigned the role of dealing with it first to the Environmental Protection Agency, with courts playing only a limited secondary role.  The decision, unanimous only in part, blocked state governments and others from going to federal court to file a claim of “public nuisance” in order to get judicial limits imposed on electric power plants’ release of “greenhouse gases” that may warm up the earth.

Grist: “Connecticut v. AEP: Public nuisance ruling may boost chances of EPA CO2 regulations”

The Second Circuit’s recent decision in Connecticut v. AEP, in which a coalition of state attorneys general sued electric power producers to cap and then reduce their carbon emissions, allows the public nuisance case to proceed and gave the environmental plaintiffs virtually everything they wanted. It should also give pause to those of us tempted to see judges as purely political: it was decided by Judges Peter W. Hall, a George W. Bush appointee from Vermont, and Joseph McLaughlin, a George H.W. Bush appointee from New York. Damn liberals. (The third panel member, one Sonia Sotomayor, is now busy with other things and did not sign the decision.). Continue Reading »

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Aug 12 2011

Twitter Link Round-Up: EPA Halts Sale of Tree-Killing Chemical and Fracking Panel Calls for Study of Environmental Impacts

Published by under News

Ophrys apifera, flower Picture taken by BerndH, via wikimedia

Afraid you missed something interesting in the world of environmental law?  Read on for a (non-comprehensive) list of articles posted on our Twitter feed @WMELSBlog.

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Jun 17 2011

Twitter Link Round-Up: End to Ethanol Subsidies and DOJ’s Senior Attorney Leaves for ELI

Published by under News

Ophrys apifera, flower Picture taken by BerndH, via wikimedia

Afraid you missed something interesting in the world of environmental law?  Read on for a (non-comprehensive) list of articles posted on our Twitter feed @WMELSBlog.

– NYT: Senate Votes to End Ethanol Subsidies http://j.mp/js8dXR

– TH: Elusive Conneticut Mountain Lion Finally Found, Unfortunately Dead http://j.mp/ldfNW1

– NYT: News Analysis: Americans Support Offshore Drilling Even if Washington Wavers http://j.mp/lvApXH

– NYT: DOJ’s senior attorney leaves for the Environmental Law Institute, leaving Deepwater Horizon case without a leader http://j.mp/iHmH8y

– NYT: Piercing cats is ruled to be cruelty under PA statute, says appeal judge http://nyti.ms/mpXLce

– TH: Power plants dumping hot water back into rivers play havoc with ecosystemhttp://j.mp/iwpH8U

Continue Reading »

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Feb 23 2011

A Preview of the New Climate Change Case in the Supreme Court

Published by under Climate Change

Supreme Court Justices, via wikimedia

Though arguments don’t start until April, it’s worth taking a look at the latest in a series of climate change cases that have reached the Supreme Court.  The new case, AEP v. Connecticut, deals with a different area of climate change litigation: nuisance.  Several state governments have sued a group of the five largest utilities claiming that the emission of greenhouse gases from these utilities are causing a nuisance within the states.  This case has created some strange bedfellows as both the Obama administration and a group of Republican lawmakers have joined together on the side of the utilities to oppose using nuisance in the climate change context.  The last and most notable climate change case was Massachusetts v. EPA, which ruled that the EPA was required to regulate greenhouse gases under the Clean Air Act.  That case’s decision on standing may provide a basis for the state governments suing in AEP.  Keep your eye out in April for more updates as this case and more are decided. Continue Reading »

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