Posts Categorized: EcoPerspectives Blog

EME Homer City v. EPA: Another Victory for Clean Air

 Summary: While many of the U.S. Supreme Court’s decisions this term were controversial, the air quality cases were marked victories for the environment. One of the Supreme Court’s recent decisions, EME Homer City Generation v. EPA, upheld the Cross-State Air Pollution Rule, (CSAPR). By reinstating CSAPR, the Court sustained EPA’s efforts to improve the National… Read more »

Opinion of the Court in Utility Air Regulatory Group v. EPA Displays a Curious Alignment of Justices

Summary: Last week the Supreme Court handed down its second Clean Air Act case of the term, Utility Air Regulatory Group v. EPA. This plain English guide to the Supreme Court’s opinion summarizes its three holdings, split 5-4, 5-4, and 7-2. It also assesses implications for EPA, business, and industry. ________________________________________ By Christopher D. Ahlers Assistant… Read more »

Of National Monuments and Men: Organs Mountain-Desert Peaks and President Obama’s Use of the Antiquities Act

Summary: President Obama recently declared the Organs Mountain-Desert Peaks as a national monument only months after the House of Representatives passed a bill that would curtail his authority to do so under the Antiquities Act. In order to appease critics of broad executive authority, President Obama must use the Antiquities Act in a manner that… Read more »

The Opaque Hand: Making Social (and perhaps Environmental) Change through Capital Markets

 Summary: In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act.  Deep in this bulwark of financial regulatory overhaul, Congress passed a provision aimed to achieve a purely social good by requiring manufacturers to disclose their supply chains for minerals believed to fund the conflict in the Democratic Republic of Congo.  This… Read more »

Muddy Clarity for Farming: EPA’s Proposed “Waters of the United States” Definition


Summary: This EcoPerspective discusses the EPA’s and Army Corps of Engineers’ attempt at redefining the meaning of  “waters of the United States.” Since the Supreme Court decision in Rapanos v. United States, the jurisdictional reach of those agencies over waters with a significant nexus to navigable waters has been somewhat unclear. However, the agencies’ new… Read more »

Of Plastic and Playgrounds: Re-Thinking the Relationship Between Work, Recreation, and the Environment

Bouldering_JDbend 2

Summary: This EcoPerspective takes a critical look at the indirect effects of outdoor recreation on the environment. Large numbers of people are inspired through recreation and related activities to protect the wild and untrammeled places left in the world. But recreation, in itself, has its own environmental consequences. The desire alone to protect these natural… Read more »

Climate Inaction Plan: Obama’s Methane Strategy and its Perilous Path

Summary:   The Obama Administration published an ambitious plan this spring to reduce the nation’s methane emissions. Despite its lofty goals, the Methane Strategy is on course for political pitfalls and delays with regulating the largest source of emissions: the oil and gas sector. For an administration that has already faced difficulties meeting its own regulatory… Read more »

Working Group II releases contribution to the Fifth IPCC Assessment Report

Summary: At the end of last month, the IPCC released the next component of the Fifth Assessment Report. Working Group II’s addition follows the updated scientific analysis of Working Group I and provides information of the impacts of climate change, vulnerability to climate change, and adaptation suggestions. While some argue that the report goes too far… Read more »

Indigenous Peoples Seek a Voice in Natural Resource Management

Duthu Brothers

Summary: Recently, at Vermont Law School’s annual Solutions Conference, a panel discussion highlighted the need for a stronger indigenous voice in natural resource management. The three speakers came from vastly different cultural and professional backgrounds, but all three agreed that local, state, and federal resource managers have repeatedly ignored indigenous concerns. Currently, indigenous peoples are… Read more »

Lawyers Create A Tribute to Abused Animals

  Of all the animals, man is the only one that is cruel. He is the only one that inflicts pain for the pleasure of doing it. Mark Twain (1885-1910) ________________________________________ By Judith Needham, Esq. Lawyer jokes perk up dull parties. We have all heard this one . . . Q: Why won’t sharks attack lawyers? A: Professional courtesy. But,… Read more »