Category Archives: Uncategorized

Department of the Interior Regulatory Reform Initiatives

The Department of the Interior (DOI) have made an unusually broad request for public input on which rules it should target for rollback. There is an ongoing opportunity for public comment on this broad de-regulatory agenda.

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National Monuments, Marine National Monuments, & Marine Sanctuaries

Our national monuments, marine national monuments, and marine sanctuaries are under threat of being eliminated, reduced in size, opened to commercial fishing, or developed for logging and mineral or energy extraction.

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Grid Study / Resiliency Pricing Rule

The Department of Energy (DOE) Grid Study, released on August 23, 2017, finds that the grid benefits from flexible resources including, notably, natural gas plants, which can quickly respond to changes in demand by ramping up or down quickly. Coal plants, on the other hand, respond slowly to fluctuations in supply and demand, and nuclear plants run at nearly full capacity regardless of grid conditions.

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Cross-State Air Pollution Rule and Section 126 Petitions

Lawsuits continue over the Federal Implementation Plan (FIP) and Phase 2 emissions budgets for CSAPR. Meanwhile, downwind states seek deeper cuts in pollution from out-of-state sources. Connecticut, Delaware, and Maryland have sued the Environmental Protection Agency (EPA) for failure to act on their section 126 petitions.

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Environmental Law Program Seeks Executive Director

The Harvard Law School Environmental Law Program is accepting applications for the position of Executive Director. Please see the following for more information: Executive Director Information and Application Process Well Wishes to our Outgoing Executive Director

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Richard Lazarus: First Monday May Shed Light on Water Case

Who should hear cases on industry challenges to EPA and the Army Corp of Engineers’ definition of “navigable waters?” Federal district courts or the court of appeals?  Federal government attorneys argue that a “pragmatic construction” of the Clean Water Act would send cases with broad policy implications to one of the thirteen appeals courts, rather […]

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Peskoe Discusses Wholesale Electricity Markets and State Roles in DC

On September 13, Ari Peskoe delivered the Energy Bar Association’s semi-annual “Author Talk,” to discuss his latest article. Peskoe’s paper, which was the featured article in the most recent issue of Energy Law Journal, is about integrating state renewable energy and carbon reduction policies into FERC-regulated electricity markets. The article concludes that FERC’s legal authority is […]

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Professor Lazarus on Murr v. Wisconsin and Regulatory Takings

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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Well Wishes to Kate Konschnik in New Post

Kate Konschnik, who has served as the Director of the Law School’s Environmental Policy Initiative since 2012, and most recently as Executive Director of the Program, will leave HLS for a new post at the Nicholas Institute for Environmental Policy Solutions at Duke University. “Kate has done a tremendous job for us at HLS, launching […]

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Beagle/HLS Fellowship at NRDC

Application Deadline Extended to 10/27/2017 History and Purposes The Beagle/HLS Fellowship at the Natural Resources Defense Council (NRDC) provides graduating HLS students and recent alumni with a two-year funded litigation position at NRDC. The Fellowship was established by a generous gift to Harvard Law School by the Beagle Foundation that was created by Joy Covey […]

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