Author Archives: hlselp

EPI Hosts Mississippi River Basin Stakeholder Forum on Nutrient Pollution

The Environmental Policy Initiative and the University of Minnesota Water Resources Center convened Mississippi River Basin government and conservation district stakeholders on August 31, 2017, in St. Paul, MN. The workshop examined how to encourage small-scale watershed planning to identify farm conservation projects to improve water quality.  EPI attorney and watershed policy fellow Jamie Konopacky […]

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Nothing New in Department of Energy Grid Study

Ari Peskoe – August 24, 2017 In April, Secretary of Energy Rick Perry issued a memo to Department of Energy (DOE) staff, requesting a study of electricity markets and reliability, with a focus on whether “baseload” power plants are being: 1) harmed by EPA regulations and renewable energy programs and 2) adequately compensated for the […]

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Freeman on the Uncomfortable Convergence of Energy and Environmental Law

In her latest Harvard Environmental Law Review article, Archibald Cox Professor of Law Jody Freeman examines the relationship between energy and environmental law, two historically disparate fields, which some scholars suggest have been “converging” in recent years. Freeman offers a more tempered view, arguing that true “convergence” between energy and environmental law remains elusive. Using detailed examples from some of the most prominent […]

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Fracking and Drinking Water: Konschnik Speaks at NGA’s Water Policy Institute

ELP Executive Director Kate Konschnik spoke at the National Governors Association’s Water Policy Institute in Annapolis on August 8, about protecting drinking water while developing shale energy. The National Governors Association hosted the two-day conference to inform state advisers about new research and best practices in water management, covering topics such as infrastructure, conservation, financing, […]

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Regulating Stability: Konschnik on Fracking, Earthquakes, and Compensation

Earthquakes increased in number and geographic distribution in the US between 2009 and 2015. In 2009, Oklahoma had 20 earthquakes of 3.0 magnitude or greater. That number jumped to 585 in 2014—triple the rate of similarly sized earthquakes in California—and 907 in 2015. In many cases, the quakes appear to be “induced” by hydraulic fracturing […]

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Konopacky Hosts Briefing for Hill Staff on Clean Water and the Farm Bill

On July 11, Environmental Policy Initiative attorney and watershed policy fellow Jamie Konopacky traveled to Washington, DC to host briefings on and off Capitol Hill for Congressional staff and environmental and policy groups. 25 key agriculture staff from Democratic and Republic offices and several groups attended the events. Briefing participants were introduced to the new […]

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Konopacky Talks Clean Water: How Wisconsin Shows the Way Forward

Runoff carrying nutrients and sediment from urban and agricultural areas impairs water quality across the US. Managing this pollution can be very challenging, but attorney and Environmental Policy Initiative Fellow Jamie Konopacky suggests a better way forward using Wisconsin as a case study. In her new article “Battling the (Algae) Bloom: Watershed Policies and Plans in Wisconsin,” in […]

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Professor Lazarus: NYT Quote of the Day

“Just the number of environmental rollbacks in this time frame is astounding. Pruitt has come in with a real mission,” Professor Richard Lazarus was quoted in the Sunday, July 2nd New York Times (a day earlier in the online edition). The Quote of the Day, from the front page story “E.P.A. Chief Voids Obama-Era Rules In […]

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Professor Lazarus Notches Supreme Court Victory for Land Use Regulation

On June 23, 2017, the Supreme Court upheld Wisconsin and St. Croix County land use regulations written to protect a Wild and Scenic River. Professor Richard Lazarus argued the case on behalf of the regulators before the Supreme Court in March.Justice Kennedy wrote the majority opinion, finding that the state and local regulations preventing separate […]

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Clinic Files Amicus Brief on Behalf of Former AGs in the Exxon Mobil Challenge to an Investigation by Current AG Maura Healey

On June 7, 2017, the Clinic filed an amicus brief on behalf of five former Massachusetts attorneys general in defense of a critical investigative tool known as a civil investigative demand (“CID”).  The case involves a claim by Exxon Mobil that the current AG, Maura Healey, should not be allowed to use a CID to compel […]

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