Monthly Archives: June 2015

The Winds of Change: Cost Consideration in the Clean Air Act in Michigan v. EPA

Tue Jun 30th, On Environmental Law, by

In a 5-4 decision, the Supreme Court yesterday struck down EPA’s decision to regulate power plants under the Clean Air Act. The demise of the regulation is itself significant. Compliance cost was estimated at $9.6B per year and the short rap up period further complicated compliance.   More far reaching than that though is the basis for the holding.   EPA can regulate power plants under the CAA only if the “regulation […]

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But Not a Drop to Drink: Ninth Circuit Allows the U.S. Fish and Wildlife Service to Double the Santa Ana Sucker Fish’s Habitat

Fri Jun 26th, On Environmental Law, by

In Bear Valley Mutual Water Company v. Sally Jewell, No. 12-57297 (9th Cir. June 25, 2015), the Ninth Circuit sacrificed a bit more of California’s water to the ever thirsty Endangered Species Act. This time multiple municipalities and water districts challenged a FWS designation that doubled the critical habitat of the Santa Ana sucker fish. The dispute stemmed from 2010 FWS designation that unexpectedly added as critical habitat several thousand […]

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