Clinic Submits Comments Opposing ESA Petition from Property Rights Group

On June 6, 2018, the Clinic submitted comments to the U.S. Fish & Wildlife Service and National Marine Fisheries Service opposing a petition from the Pacific Legal Foundation to establish regulatory definitions for the terms “species” and “subspecies” under the Endangered Species Act.  The Clinic’s comments, on behalf of several eminent biologists including Professor James […]

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Welcome to Hana and Caitlin!

The Environmental and Energy Law Program is delighted to announce two new members of our team! Hana Vizcarra joins us as Staff Attorney for the EELP. Before coming to HLS, Hana spent seven years practicing environmental law in the Washington D.C. offices of Beveridge & Diamond and Vinson & Elkins. She represented clients in complex […]

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The Ruse of Results-Oriented Science

Scott Pruitt has turned the EPA’s longstanding methodical approach to rulemaking and enforcement on its head. Instead of seeking to 1) understand a problem, 2) identify a range of solutions, 3) transparently design a targeted program, and 4) implement and enforce it fairly, Pruitt’s approach upends all four pillars. His most recent proposal to exclude […]

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Electricity Law Initiative Submits Comment to FERC

On Monday, the Electricity Law Initiative filed comments at the Federal Energy Regulatory Commission (FERC) about proposed capacity market rule changes. The Electricity Law Initiative’s comments emphasize that procuring electric generation capacity is a program of cooperative federalism – states may choose among resources for their environmental or other benefits while FERC has authority over […]

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Changing What Science the EPA Will Consider – Part II

On April 24, 2018, Administrator Pruitt followed through on his promise and signed a proposal to change how the EPA considers science. This proposal, which is open for public comment until May 30, 2018, is an attempt to achieve goals that some Republican members of Congress have long been championing, but have failed to pass into law. Administrator Pruitt invokes “transparency” to support his proposal’s requirement on what data can be used in the science EPA considers, while barely explaining why he’s chosen the particular form of “transparency” he has or what benefit it would produce.

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Farm Bill Law Enterprise Releases Reports

April 26, 2018 — The Farm Bill Law Enterprise (FBLE) released three reports last month examining the debate over the 2018 farm bill, currently being drafted in the House and Senate. Each report focuses on a specific theme: Diversified Agricultural Economies; Food Access, Nutrition and Public Health; and Productivity and Risk Management. Emily Broad Leib, Director of HLS’s Food Law and […]

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Ari Peskoe Speaks at National Conference of Regulatory Attorneys

April 26, 2018 — Yesterday, Electricity Law Initiative Director Ari Peskoe spoke to the National Conference of Regulatory Attorneys (NCRA), an annual gathering that offers educational and networking opportunities specifically tailored to government utility regulatory attorneys. Peskoe’s talk explored recent federal court decisions and FERC orders that interpret the jurisdictional line between state and federal […]

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Regional Haze Rule Rollback

EPA is reviewing certain aspects of a final rule promulgated in 2016 that is intended to ensure that states continue to make progress towards long-term visibility goals. On April 12, 2018, President Trump directed the Administrator of EPA, Scott Pruitt, to review EPA’s engagement with states as part of the regional haze program.

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FERC Commissioner Supporting State Clean Energy Policies Cites Peskoe Article in Statement

On March 9, the Federal Energy Regulatory Commission (FERC) approved an ISO-New England capacity market proposal that changes how clean energy resources supported by state policies can participate in the market. According to FERC, the new market design will maintain resource adequacy at just and reasonable rates while allowing state-supported resources to continue to participate. […]

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Emmett Clinic Drafts Amicus Brief Explaining Dicamba Harms

Today, the Emmett Clinic filed an amicus brief in a 9th Circuit case challenging the Environmental Protection Agency’s approval of Monsanto’s XtendiMax—a new formulation of the highly-volatile and toxic herbicide dicamba.  EPA conditionally approved the product in 2016, based in part on Monsanto’s assurances that its formulation was less volatile than previous dicamba formulations.  Environmental […]

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