citizen suits

EPA Loses -- Unanimously -- In Sackett: How Broadly Does It Sweep?

Seth Jaffe
March 21, 2012 21:54

For once, speculation about oral argument proved solid. The Supreme Court’s unanimous ruling today in Sackett v. EPA means that EPA must allow judicial review of enforcement orders issued pursuant to its authority under the Clean Water Act. The question now is what the true scope of...

RCRA Citizen Suits Are Still Constitutional

Seth Jaffe
March 14, 2012 15:20

2012 is shaping up to be the Year of the Commerce Clause.  Not only is the Commerce Clause at the center of the Supreme Court ‘s impending review of the Affordable Care Act later this spring; it is also at the heart of a statement made by a federal district judge in Voggenthaler v....

CEQ Issues Guidance For Streamlining NEPA Reviews: Can You Say "Content-Free"?

Seth Jaffe
March 08, 2012 09:55

The Council on Environmental Quality has released it guidance on “Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act.” As far as I can tell, the guidance provides literally nothing on improving the...

Shocking News: The D.C. Circuit Court of Appeals Is Not Going to Overturn Massachusetts v. EPA

Seth Jaffe
February 29, 2012 12:12

Since I already violated my rule against speculating on the outcome of a case based on oral argument, I might as well do it again. I have always said that EPA’s endangerment finding would survive judicial review and that conclusion seems only more likely to prove correct following...

Do We Need the Precautionary Principle To Protect Us From Potential Risks From Nanotechnology? The NRDC Thinks So

Seth Jaffe
January 29, 2012 10:36

In a prior rant, I raised the concern that EPA would oppose the use of new cleanup technologies based on nanotechnologies on the basis of the precautionary principle. I may not have been exactly on the mark, but I was pretty close. On Thursday, the NRDC announced that it has filed suit...