EPA

Venue in Clean Air Act Challenges

Venue in Clean Air Act Challenges

Two recent Supreme Court decisions identify in which court EPA decisions can be challenged.

Climate Denialism Dressed Up as Law

Climate Denialism Dressed Up as Law

EPA’s attempts to reinterpret the Clean Air Act are detrimental to fighting climate change.

Shifting the Burden of Dirty Waters

Shifting the Burden of Dirty Waters

A recent Supreme Court decision shifts responsibility for pollution prevention from polluters to EPA.

Challenging Presidential Directive Authority

Challenging Presidential Directive Authority

Judicial review does not easily address problematic exercises of presidential influence in agency rulemaking.

What You Do Not Know Can Hurt You and Others

What You Do Not Know Can Hurt You and Others

Federal agencies under President Trump will harm public health by hiding information from the public.

Ending EPA’s “Endangerment” Finding

Ending EPA’s “Endangerment” Finding

Repeal of EPA’s endangerment finding on greenhouse gases faces hurdles and would threaten regulatory instability.

Revisiting EPA’s Forever Chemical Strategy

Revisiting EPA’s Forever Chemical Strategy

EPA has made significant progress on PFAS regulation over the past three years, but more work remains.

The Flaws in Jarkesy and Why Certain Civil Penalties May Survive

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

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

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?

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

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.