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New York Environmental Court Sends MS4 General Permit Back to DEC
Last week, Supreme Court Westchester County (the nisi prius level of the New York court system) threw out the NYS Department of Environmental Conservation's general permit for municipal stormwater systems. A copy of the opinion can be downloaded here. NRDC and...
State of the Union on Climate Change
In his inaugural State of the Union address in 2009, President Obama asked Congress to send him cap-and-trade legislation to save our planet from the ravages of climate change In his 2010 State of the Union, the President took credit for the United States going ...
Federal Court Nixes Vermont Legislative Veto of Vermont Yankee Relicensing
A federal District Court judge in Vermont has struck down legislation that denied Entergy Corporation to right to renew its operating license for the Vermont Yankee nuclear power plant unless it received specific legislative approval that license renewal was in the...
Project XL and NEPA as Superlaw
Republicans in Congress held the payroll tax cut extension hostage specifically to force President Obama's hand on the Keystone XL tar sands pipeline, looking for a "jobs versus the environment" talking point in the presidential election contest. I join the rest of...
Existence Value Introduced as Argument for Standing in ESA Case
David Cassuto (x-post from Animal Blawg) The National Marine Fisheries Service (NMFS) has construed the Endangered Species Act to exclude captive populations of the endangered Southern Resident killer whale population. This means that these endangered orcas are...
Air and Water . . . and Chickens
A state administrative case we've been watching addresses the question whether an egg farm can be required to get a Clean Water Act NPDES permit for discharges of chicken feathers and litters into the air through its ventilation exhaust fans. The North Carolina DENR...
Reading the Sackett Tea Leaves: A Split Decision On EPA Unilateral Order Reviewability?
The transcript from today's SCOTUS argument in Sackett v. EPA is out. Sackett is a landowner challenging an EPA CWA § 309 Administrative Compliance Order that directed him to cease wetlands fill activities and restore wetlands on his lot, where he was building a...
State of the State: Environmental Battlegrounds Ahead
Reading between the lines of Governor Andrew Cuomo's State of the State address on Wednesday, 2012 may be a year of project related environmental battlegrounds in New York. Governor Cuomo reiterated his support for a fast-tracked replacement project for the Tappan Zee...
The Road to Rio [+20]
If you have had a little trouble following the international goings on, what with climate change and the run-up to Rio+20 next June, you are not alone. The climate negotiations are difficult enough to keep up with, but Rio definitely requires a roadmap. Fortunately...
Taking Stock of the Global Climate Consensus Reached in Durban
by Elizabeth Burleson The Durban agreements provide a mandate with which all greenhouse-gas emitting countries will commit to a common UN legal regime as early as possible but no later than 2015. Country parties also agreed that the new deal will take effect no later...