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The balance of power between the States and the U.S. EPA has come under pressure, with strong pulls toward the federal side of the balance.
The impact of European environmental protection laws and the EU’s nearly unrestricted authority to legislate in these matters make it important to understand how these laws are produced.
Preemption is not a “yes or no” proposition—it is one of several Constitutional principles, along with federalism, that policymakers must consider in developing workable environmental policies.
A majority of states have adopted policies that incentivize development of renewable energy sources. Most of these policies trace their origins to the 1970s.
April 2011, the NRC granted the Vermont Yankee a twenty-year extension of its federal operating license, putting Vermont at odds with the NRC.
The diversity of conditions and methods would suggest that local or state-level regulation of mining would be the best approach; experience has proven otherwise.
Is it constitutionally viabsle to expand domestic, state-run cap-and-trade programs to include Canadian provinces?
Coastal states incorporate climate change impacts into their coastal management plans; federal policy increases natural resource development in federal waters.
There is a growing willingness to include indigenous worldviews in federal land management.
Expectations are uncertain as to the direction DOE will take with the 2012 study due to the significant developments since the 2009 Congestion Study.
Laws and regulations restrict ownership of oil and gas, other natural resources, and real property in the United States by alien companies.
The Keystone XL pipeline would provide an avenue for carbon intensive and environmentally impactful tar sands crude to be brought into the United States from deposits in Alberta, Canada.
The Michigan Supreme Court overturned an opinion that gave gravel mining a preferred land use status. New legislature overturns the most recent opinion and changes the earlier test.
Sackett, in effect, announces a potential sea change in EPA enforcement of the CWA, and possibly of other federal environmental statutes.