Posts Tagged ‘#EPA’
After Chevron: The Uncertain Future of Environmental Policy and Agency Authority
By: Emily Siguenza Since its 1984 ruling, Chevron U.S.A. v. Natural Resources Defense[1] had taken a large role in the federal government. The ruling explicitly stated that if Congress has not directly addressed the matter or its intent is unclear, it is reasonable for the court to rely on the agency’s interpretation, as Congress delegated…
Read MoreMonument(al) Designations and Their Vulnerabilities
By: Sarah Benjamin The Antiquities Act, which was passed in 1906, gives Presidents broad discretion to designate areas as National Monuments and thereby take them out of use for commercial industries and set them aside for the sole purpose of public recreation and enjoyment.[1] Since the Act’s passage, various Presidents have designated nearly 100 million…
Read MoreWest Virginia v. EPA, No. 15-1363 (Feb. 9, 2016)
By: Sandra Fadel Twenty-eight states challenging the implementation of the Clean Power Plan (“CPP”) were handed a big win last week when the Supreme Court reversed a ruling by the D.C. Circuit Court of Appeals and issued a temporary stay blocking the implementation of the CPP until further review. [i] By issuing a stay, the…
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