Defining Waters of the United States

Why it Matters This rule defines the streams and wetlands that are protected by the Clean Water Act. A narrow definition would leave wetlands and intermittent streams vulnerable to pollution from things like concentrated animal feedlots (CAFOs), industrial facilities, and urban stormwater. It would also constrain  pollution prevention efforts by the Environmental Protection Agency (EPA) […]

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Hydraulic Fracturing (Fracking) on Federal and Indian Lands

The Environmental Policy Initiative will be publishing a series of blogs tracking the environmental regulatory rollbacks of the Trump administration. The first in our series focuses on the efforts to regulate fracking on federal lands. It gives background and a timeline of events, including this week’s ruling. Why it Matters The federal Bureau of Land […]

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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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HLS Environmental Law Program Seeks Executive Director

The Harvard Law School Environmental Law Program is accepting applications for the position of Executive Director. Please click through for more information.

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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

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 ’89. The purposes of the […]

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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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