Great Lakes Law

U.S. Supreme Court holds that the Clean Air Act displaces federal common law claims regarding greenhouse gas emissions

Earlier this week, the U.S. Supreme Court issued a unanimous decision in American Electric Power (AEP) Co. v. Connecticut (8-0, with Justice Sotomayer recused) holding that the Clean Air Act displaces federal common law with regard to nuisance claims for alleged injuries from greenhouse gas emissions. While any decision from the nation’s highest court on our most complex and challenging environmental issue is worth noting, this ruling was expected and doesn’t really change the legal... Read more →

Interstate Water Compacts and Climate Change Adaptation

I’ve just published a new article – “Interstate Water Compacts and Climate Change Adaptation” in the Environmental & Energy Law & Policy Journal. As the name suggests, the article looks at the major interstate water compacts in light of expected climate change impacts on water resources. The article may also be a useful resource for water policy wonks, as it includes short summaries of every interstate water allocation compact (27 in all) and brief analyses... Read more →

Framing Water Policy in a Carbon Affected and Carbon Constrained Environment

With Prof. Robert Abrams, I’ve published a new article that focuses on the challenges for water management as climate change affects water resources and climate change mitigation policy affects water allocation decisions. The article, “Framing Water Policy in a Carbon Affected and Carbon Constrained Environment”, was published in a special Fiftieth Anniversary edition of the Natural Resources Journal (citation - 50 Natural Resources Journal 3 (2010)). Here’s the abstract, and the full article is available... Read more →

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 →