Great Lakes Law

City of Ann Arbor agrees to environmental study of parking supply in settlement with Great Lakes Environmental Law Center

Last year, the Great Lakes Environmental Law Center sent several letters (May 14, 2009 and May 29, 2009) and eventually filed a complaint in state court over concerns about increased air pollution and greenhouse gas emissions from the city of Ann Arbor’s massive new parking structure. The city had completely ignored the potential environmental impacts from building more parking supply, which would likely lead to more cars, more congestion, more air pollution, and more greenhouse... Read more →

SEC issues interpretive guidance regarding disclosure of climate change risk

This guest post on the SEC’s new interpretive guidance on disclosure of climate change risk is by Eric Jamison. This topic has not been on the radar for many people involved in water policy, but it is an important new legal development for many water-related businesses, including those involved in water infrastructure and delivery, energy production, and wastewater treatment. Eric is a second year law student at Wayne State and has a background in business... Read more →

Climate change, water, and adaptive law symposium in Houston

The Environmental & Energy Law & Policy Journal and the University of Houston Law Center are hosting a symposium later this week -Climate Change, Water, and Adaptive Law. The topic is timely and critically important, as climate change is certain to put new stresses on water resources and demands innovative adaptive management policy reforms. The symposium has a great line up, including Dan Tarlock (Chicago-Kent), Robin Kundis Craig (Florida State), Elizabeth Burleson (South Dakota), Amy... Read more →

The Evolution of the Law and Politics of Water

Apologies for the shameless shilling of a product, but if you are looking for a last-minute holiday gift for the water wonk in your life, consider the new book, The Evolution of the Law and Politics of Water. (I contributed a chapter on the Great Lakes but don’t get any royalties, although I did get one free copy of the book to put on my shelf.) Here’s the description from the publisher (Springer): The Evolution... Read more →

Climate change torts - a perspective from an energy industry attorney

Tort law, which is traditionally used to protect property or collect monetary damages, is now being used with some initial success against electric utilities and coal, oil, and chemical companies for climate change harms from greenhouse gas emissions. Two recent federal appeals decisions have opened the door to climate change torts, and more litigation is on the horizon. The following guest post gives an inside perspective on climate change torts from an energy industry attorney... Read more →

US EPA issues finding that greenhouse gas emissions threaten public health and welfare, triggering new regulations under the Clean Air Act

As expected, the US EPA this week took two formal actions finding that: (1) greenhouse gases threaten public health and welfare; and (2) greenhouse gas emissions from motor vehicles contribute to the greenhouse gas pollution which threatens public health and welfare. The details of the EPA’s “endangerment findings” are available on the EPA’s climate change regulatory initiatives webpage. These findings have been nearly inevitable ever since the U.S. Supreme Court’s Massachusetts v. EPA decision in... Read more →

EPA proposes rule to regulate greenhouse gas emissions from large sources under the Clean Air Act

The EPA has just announced a proposed rule to regulate greenhouse gas emissions under the New Source Review program of the federal Clean Air Act. This regulatory action is hardly a surprise, as it’s been coming ever since the U.S. Supreme Court’s Massachusetts v. EPA decision in 2007, which held that greenhouse gases are pollutants under the Clean Air Act. Still, it’s a welcomed development from the Obama administration and EPA, and comes with a... Read more →

Great Lakes Environmental Law Center and other conservation organizations join with Manitoba and Canada in opposing U.S. water diversion project in court

The Great Lakes Environmental Law Center has filed an amicus curiae (friend of the court) brief in the U.S. District Court for Washington D.C. in Government of the Province of Manitoba v. Ken Salazar, et al. The case involves a challenge by Manitoba, joined by Canada and several conservation organizations, to the U.S. Bureau of Reclamation’s Environmental Impact Statement for the Northwest Area Water Supply (NAWS) Project. The NAWS Project is the first United States... Read more →

Federal appeals court allows climate change nuisance case to go forward against power companies; EPA issues final greenhouse gas reporting rule

It was a big week in the rapidly developing field of climate change law. First, the U.S. Court of Appeals for the Second Circuit (based in New York) allowed a nuisance case brought by states, New York City, and nonprofit environmental groups against five major power companies that operate coal fired power plants to go forward. The decision, Connecticut et al. v. American Electric Power Co. et al., is a huge victory in the legal... Read more →

Property Assessed Clean Energy - A Bright Spot in Michigan’s Economic and Environmental Future

The following guest post is by Eric Jamison, a law student at Wayne State University Law School who is working with the Great Lakes Environmental Law Center to assist local and state government leaders in developing a Property Assessed Clean Energy (PACE) Program for Michigan. Eric is an “environmental capitalist” preparing to spend his career finding business solutions that are environmentally sustainable and economically viable for clients. Eric’s legal work is focused on state and... Read more →

After nearly a decade of legal battles and precedents, controversial coal train project is nixed

Nearly a decade ago, the Dakota Minnesota & Eastern Railroad Corp. (DM&E) tried to build and upgrade a rail line between Wyoming and Minnesota. While I’m usually a big fan of trains, the problem with this project wasn’t the train itself, but what the train would be carrying. By design, it would carry 100 million tons of coal annually from Wyoming’s Powder River Coal Basin to the Midwest, enough to power about 50 average sized... Read more →

Great Lakes Environmental Law Center, joined by local businesses, brings lawsuit against the City of Ann Arbor over greenhouse gas pollution and violations of state Open Meetings Act and Freedom of Information Act

Last week, the Great Lakes Environmental Law Center joined with several local businesses in a lawsuit against the City of Ann Arbor over greenhouse gas pollution and other environmental impacts that will result from a massive new underground parking structure. The complaint also includes claims against the City for violating the Michigan Open Meetings Act with secret email deliberations and communications regarding the proposed $50 million parking structure. Further, because the City refused to disclose... Read more →

A Green Energy Alternative for Michigan

As the state of Michigan considers two proposals for huge new coal fired power plants, one of the central issues is whether the new coal plants are even needed. Governor Granholm has made clear in an Executive Directive that the state will use its authority under the Clean Air Act and the Michigan Environmental Protection Act to make sure the plants are needed before their harmful air emissions would be permitted. That determination of need... Read more →