Legal Analysis Why Congress Should Repeal the Congressional Review Act The Congressional Review Act (CRA) authorizes Congress to quickly review and repeal agency rules. A future administration could work with Congress to nullify Trump-era rollbacks finalized toward the end of […] April 23, 2020
Legal Analysis Cascade-Siskiyou National Monument Litigation May Cause Circuit Split Cascade-Siskiyou National Monument, located in Southwest Oregon and Northern California, lies at the intersection of the Siskiyou, Klamath, and Cascade Mountain Ranges. Created by President Clinton in 2000 under the […] April 22, 2020
Quick Takes Offshore Wind Development: Federal Permitting Program Challenges Offshore wind has the potential to generate enormous amounts of energy and change the American energy sector. The National Renewable Energy Laboratory estimates that America’s offshore wind energy potential exceeds […] March 24, 2020
Legal Analysis The Coal Ash Rule Trilogy Spanning Obama, Trump, and the D.C. Circuit This article reviews three rules — the 2015 Rule, the 2018 Amendments and the 2019 Proposed Rule — comparing each rule’s coal ash impoundment closure initiation deadlines, alternative closure extensions, and consideration of cost. January 28, 2020
Legal Analysis Science Advisory Board Draft Reports Reviewing Four Major Proposed Rules EPA’s Science Advisory Board (SAB) has released four draft reports that cast doubt on the science underlying four major proposed rules that would impact clean water, mercury pollution from power […] January 9, 2020
Legal Analysis Updates to the Environmental Appeals Board Procedures EPA recently proposed updates to the procedures for the Environmental Appeals Board (EAB)’s review of agency-granted permits. While the proposed rule intends to “streamline and modernize” the permit review process, […] December 2, 2019
New Regulations Expand Hunting and Fishing on 1.4 Million Acres of Public Lands On September 10, 2019 the Fish and Wildlife Service (FWS) published the final 2019-2020 Station-Specific Hunting and Sport Fishing Regulations. The regulation expands hunting and fishing on 1.4 million acres […] December 2, 2019
Legal Analysis GAO Report on EPA’s Science Advisory Panels The Government Accountability Office (GAO) has released a report analyzing the member appointment process and practices for EPA’s advisory committees. The report describes a sharp decrease in the number of university researchers […] August 28, 2019