Supreme Court

House Democrat defends OMB memo source

Rep. Nydia Velazquez (D-NY) On Thursday, Rep. Nydia M. Velázquez (D-NY), chair of the House Committee on Small Business, issued a statement responding to the controversy over an interagency memo critical of the EPA’s endangerment finding (see here, here, here): The SBA’s Office of Advocacy plays a vital role in the regulatory process. They are […]

Justice Souter has been a dependable green vote

What might the retirement of Supreme Court Justice David Souter mean for the environment? Probably not a lot. Though he was appointed by President George H. W. Bush, Souter has proven a reliable member of the court’s liberal wing, so if Obama appoints another liberal, don’t expect much change. Souter voted with the majority in […]

Supreme Court decisions bode well for global warming-related preemption cases

In the tricky legal world of “preemption” — the principle that federal law “preempts,” or trumps, state law — two recent Supreme Court decisions bode well for ongoing, seemingly unrelated global warming litigation. The first of these decisions, Altria Group, Inc et al. v. Good et al., concerned a class-action lawsuit brought by smokers in […]

Court to hear case that interprets Clean Water Act's purview over mine fill

The future of America's streams, rivers and lakes is on the agenda of U.S. Supreme Court justices this Monday, Jan. 12, when they hear arguments on whether a pristine Alaskan lake may be killed by operators of Kensington gold mine.

Earthjustice attorney Tom Waldo, who has kept the lake alive through a series of successful battles in lower courts, will again take the lead in this final showdown -- but the stakes have become much greater.

"The whole reason Congress passed the Clean Water Act was to stop turning our lakes and rivers into industrial waste dumps," Waldo said. "The Bush Administration selected the Kensington Mine to test the limits of the Clean Water Act. The Army Corps had never issued a permit like this before."

That the high court even agreed to review the case is troubling because of the damage that may be inflicted on the federal Clean Water Act. A ruling in favor of the dumping scheme would allow reinterpretation of the Act so that mining waste could be dumped into waterways throughout the United States. Should the worst happen, defenders of the country's waterways would almost certainly have to rely on Congress and the Obama administration for relief.

The case is being closely followed in Alaska because of its immediate implications for Pebble Mine, a massive gold mine proposed for development above the headwaters of Bristol Bay, the world's richest sockeye salmon fishery.

The next president should use the Clean Air Act to control greenhouse gas emissions

This essay was originally published at Yale Environment 360. —– The urgency of the current situation cannot be overemphasized: The latest scientific research tells us that global warming is accelerating at a rate beyond previous expectations, and that the window for a timely response is closing quickly. Despite some political efforts to muddy the waters, […]

Regulating CO2 via the EPA would be a hugely significant move for the next president

Kate says: The Wall Street Journal spazzes out about Obama adviser Jason Grumet’s assertion that a President Obama would fight climate change under the Clean Air Act if Congress doesn’t move to address the issue within 18 months. In what may be a historical first, I actually think the WSJ editorial board is right about […]

Oversight chair warns Bush administration against attempting to weaken the Clean Air Act

House Oversight Committee Chair Henry Waxman (D-Calif.) issued a warning [PDF] on Tuesday to EPA Administrator Stephen Johnson, apparently trying to head off at the pass any further attempts to weaken the Clean Air Act. There’s talk of yet another new rule soon to come from the Bush administration that would undermine the new-source review […]

John G. Roberts’ enviro record not so green, but also not provoking a lot of protest

John G. Roberts (left) and President Bush. Photo: The White House/Eric Draper. Not only are the far-right Family Research Council and the biz-friendly U.S. Chamber of Commerce raving about President Bush’s nominee for the Supreme Court, but plenty of liberals have glowing words for John G. Roberts Jr. too. Georgetown law professor Richard Lazarus, a […]