Recently in Environment Category
by David Tibbals, UMN Law Student, MJLST Staff
When does "mobile" mean "stationary"?
Noah Webster's response should be obvious. But it appears the U.S. Supreme Court is preparing to weigh in on that very question.
Just last week, the Court granted certiorari in the case of Utility Air Regulatory Group v. Environmental Protection Agency, an amalgam of six separate lawsuits questioning the authority of the EPA to broaden its regulation of greenhouse gases. At issue is the EPA's decision to begin enforcing regulatory and permitting programs against stationary producers of greenhouse gases, such as coal-fired power plants.
The case can be viewed as a direct descendant of 2007's Massachusetts v. EPA, in which the Court held that the EPA can regulate greenhouse gases, despite the fact that they weren't actually recognized as "air pollutants" covered under the Clean Air Act. The Court's ruling, however, was limited to greenhouse gases emitted by mobile sources, namely new automobiles.
Although the Court's grant doesn't challenge the general characterization of greenhouse gases as "air pollutants," it poses a single question, the answer to which could effect a dramatic change in agency rulemaking. Is the EPA allowed to "trigger" permitting requirements for stationary sources based solely on its past regulation of mobile sources?
In essence, does "mobile" mean "stationary"?
The only prudent answer to that question is an emphatic "no." Allowing the EPA--or any agency, for that matter--to premise broadened jurisdiction in such a manner vests an inordinate amount of power in a body well-nigh immune from the political process. Although it's heretical to mention in a post-Chevron world, Locke and Montesquieu urged the incompatibility of such extra-legislative lawmaking power with democratic principles.
But a more eye-opening reason for answering in the negative is the adverse economic blow such expanded regulation will strike. Expanding regulation to "stationary" sources--an incredibly equivocal characterization--will inevitably result in increased compliance costs. This increase is already being realized by producers and consumers alike; a power company in Mississippi has raised electricity rates by 15% this year to fund a new, fully-compliant plant.
By the way, that new plant has already run $1.4 billion over budget.
The Court is expected to announce its judgment next summer. If it is interested in relying on democratic principles and catalyzing a languid economy, it will overrule expanded regulation and prevent the EPA from further soiling the Clean Air Act.
by Chris Evans, UMN Law Student, MJLST Executive Editor
Less than 200 miles from the site of 2010's Horizon Deepwater blowout, another environmental disaster threatens a community in the Gulf Coast region. In early August, 2012, a massive sinkhole opened up beneath the Bayou Corne near a small residential community in Assumption Parish, Louisiana. Filled with brine, oil, and natural gas, the sinkhole has since grown to 8 acres, forcing the evacuation of 300 residents, and officials apparently don't know when (or if) the area will again be habitable.
Below the Bayou Corne, the country's largest independent brine (used in a variety of industrial processes) producer, Texas Brine, had been removing brine from an underground salt cavern for over twenty-five years up until June 2011, when it plugged the cavern. Texas Brine also, with the permission of Louisiana Department of Natural Resources, deposited naturally-occurring radioactive material in the cavern. The USGS has determined the collapse of the cavern caused the sinkhole. Although Texas Brine has been working with authorities to monitor and remedy the disaster, the company sought an injunction against an order to drill new wells to install additional monitoring equipment. Texas Brine dropped that lawsuit when Louisiana agreed to instead require the company to perform 3D seismic imaging to evaluate the cavern.
by George Kidd, UMN Law Student, MJLST Staff
The recent multi-billion dollar loss as a result of the 5th worst drought ever recorded in U.S. history adds fuel to an already raging debate over genetically modified organisms ("GMOs"). Amanda Welters, in "Striking a Balance: Revising USDA Regulations to Promote Competition Without Stifling Innovation," delivers a fantastic overview of key issues in the GMO debate while also introducing novel legislative ideas garnered from the pharmaceutical industry. Ms. Welters' article provides important insights into the continuing struggle to provide society with an optimal outcome.
Wasted Places Report Elucidates Key Problem in Current Environmental Legal and Regulatory Infrastructure| Permalink
by David Hanna, MJLST Lead Article Editor, UMN J.D./M.S. in Chemistry Joint Degree Candidate
During a time when environmental issues flood the headlines of newspapers, magazine covers, and television broadcasts, it is hard not to come across sustainable efforts by concerned companies and institutions trying to proactively tackle these environmental issues. While these pointed campaigns and programs deserve some recognition, there is plenty of room for improvement and this improvement needs immediate legal and regulatory acknowledgment.
by Nathanial Weimer, UMN Law Student, MJLST Staff
Sporting events are a nightmare in terms of the environment. The vast number of spectators involved--over 16 million paying fans attended NFL games last year, according to NBC Sports--leave behind massive amounts of trash, while stadiums face huge challenges with water conservation and electricity consumption on game days. Fans also have to transport themselves to and from the event, using large quantities of fuel. And, of course, the problem extends to all stadium events, whether professional or college, football or a different sport. Such a widespread problem needs a powerful solution, one that goes beyond merely suggesting that teams "do the right thing". The fact is, teams that effectively deal with this problem must be rewarded, and those rewards must contribute to on-field success. By linking sustainability to team performance, the green movement can benefit from the competitive spirit that drives sports.
by Ude Lu, UMN Law Student, MJLST Staff.
GMOs, genetically modified organisms, have long been a part of our daily diet. For example, most of the soybeans and corn on the supermarket shelves are GMOs. Currently, the issue of whether these GMOs should be labeled so that customers can make informed purchases is in a heated debate in California. California Proposition 37, which would require labeling of GMOs, will soon be voted in November this year. Proponents from both sides have poured millions of dollars into the campaign.
by Kenzie Johnson, UMN Law Student, MJLST Managing Editor
The Gulf Coast just can't seem to catch a break. From the devastation of Hurricane Katrina, to the BP Deepwater Horizon oil spill, the region has had its fair share of environmental and natural disasters in recent years. Events this summer have placed the region in the news again--namely Hurricane Isaac, and perhaps less publicized, drought that has threatened fresh water supply in southern Louisiana. On the seventh anniversary of Hurricane Katrina, Hurricane Isaac made landfall causing severe flooding in rural areas along the Louisiana coast. In addition, this summer's drought has also caused water levels to drop significantly in the Mississippi River, causing saltwater to work its way up stream threatening some areas' fresh water supply.