Argument Preview: Justices to Consider Critical-Habitat Designation for Endangered Frog

by Lisa Heinzerling | September 28, 2018

This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US).

Editor's note: You can read Professor Heinzerling's follow-up post, which analyzes the oral arguments in this case, on SCOTUSblog.

A tiny amphibian takes center stage in the first case of October 2018 term. The dusky gopher frog is native to the forested wetlands of the southern coastal United States, with a historical range from the Mississippi River in Louisiana to the Mobile River delta in Alabama. The frog breeds in ephemeral ponds – ponds that are wet for brief periods and then dry out completely – and spends the rest of its life in upland, open-canopy forests, living in burrows created by other animals. Today, the only known remaining population of the dusky gopher frog lives on a single pond in Mississippi.

In 2001, the U.S. Fish and Wildlife Service declared the dusky gopher frog endangered under the Endangered Species Act. In 2012, the service designated the dusky gopher frog's "critical habitat." One of the areas the service designated is a parcel of 1,544 acres in St. Tammany Parish, Louisiana, which the service calls "Unit 1." Weyerhaeuser Company owns a small portion of Unit 1 and leases the rest of the property from the other corporate owners, who are participating in this case as respondents. After Weyerhaeuser's challenge to the critical-habitat designation of ...

Knick v. Township of Scott: Takings Advocates' Nonsensical Forum Shopping Agenda

by John Echeverria | September 28, 2018
On Wednesday, October 3, the U.S. Supreme Court will hear oral argument in Knick v. Township of Scott. The case poses the question of whether property owners suing state or local governments under the Takings Clause are required to pursue their claims in state court (or through other state compensation procedures) rather than in federal court, at least if the state has established a fair and adequate procedure for awarding compensation if a taking has in fact occurred. The Knick ...

The Case for Co-Benefits

by Daniel Farber | September 27, 2018
Cross-posted from LegalPlanet. The Trump administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation because cutting carbon emissions almost always results in reductions of other pollutants like particulates that are dangerous to health. This may seem like a minor technical issue. But by ...

Expanding Environmental Justice to Achieve a Just Transition

by Alice Kaswan | September 26, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A recent study tells us that Hurricane Maria, which struck Puerto Rico in September 2017, may have caused as many as 4,600 deaths, far exceeding the initial official death toll of 64. In contrast, contemporaneous hurricanes in Texas and Florida appear to have caused far fewer deaths: 88 in Texas and 75 in Florida. The differing outcomes bring home the importance of Sidney ...

The Jobs and Regulation Issue Revisited

by Daniel Farber | September 25, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. Despite noisy political claims to the contrary, the weight of the evidence suggests that regulation has a small impact on the total number of jobs. Still, regulation is bound to have some effect on who has jobs, what kinds of jobs they have, and where those jobs can be found. How much should we care about that? In a new ...

Regulating the Green Economy

by Sidney Shapiro | September 24, 2018
Originally published in The Regulatory Review as part of a series on social justice and the green economy. Reprinted with permission. A green economy will generate thousands of new jobs — many more than will be lost to regulations on carbon pollution. But a green economy may also increase wealth inequality in some parts of the United States because people who lose jobs to carbon controls are not the same as those who will get them when the green economy blooms. ...

From Surviving to Thriving -- The National Environmental Policy Act and Disasters

by Joel Mintz | September 21, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. In August, 2017, Hurricanes Harvey and Irma brought widespread devastation to the southeastern United States, destroying buildings, flooding neighborhoods, and taking lives. Harvey shattered the national rainfall record for a single storm, dropping over 50 inches of rain in a 36-hour period. The Houston area suffered massive flooding, as the U.S. Army Corps of Engineers attempted to balance ...

From Surviving to Thriving -- Stormwater Infrastructure and Management: Unsafe for Human Contact

by Evan Isaacson | September 17, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. As millions of Americans in Houston and throughout Florida and Puerto Rico are acutely aware, the most dangerous aspect of a hurricane is the water. In Houston, the 50 inches of water that fell over the course of a few days broke records and overwhelmed the city’s flood control system. In Florida, Hurricane Irma’s storm surge ravaged coastal ...

From Surviving to Thriving -- Relocation and Migration

by Maxine A Burkett | September 13, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. The 2017 hurricane season demonstrated the “second disaster” phenomenon. Climate-fueled storms are the first, named disaster. The second disaster is the tragedy that results from the lack of preparedness of decision-makers — at all levels — who have failed to plan in a manner consistent with the risks presented.  Perhaps few phenomena underscore that more than the post-disaster ...

From Surviving to Thriving -- State and Local Planning

by Alice Kaswan | September 12, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. Three months before Hurricane Irma hit Florida, the state relaxed what many had considered to be one of the best building codes in the country. That wasn’t an anomaly. A report by the Insurance Institute for Business & Home Safety found that many states along the Atlantic and Gulf coasts either lack building codes or have relaxed ...

From Surviving to Thriving -- The National Flood Insurance Program: Back to the Future

by Christine Klein | September 11, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. In the wake of Hurricane Harvey, Eileen and Jeff Swanson faced the unthinkable. They had just paid off the last of the mortgage on their $225,000 home in the Canyon Gate neighborhood of Houston, where they lived with two sons, one of whom is severely developmentally disabled. During the storm, a foot of water inundated their home, and ...

From Surviving to Thriving -- FEMA and Disaster Resilience

by Daniel Farber | September 10, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. “No power, no water, no transport, roads were closed, many streets broken, houses destroyed and people crying.” Those were the words of Maria Meléndez, the mayor of Ponce, the largest city in southern Puerto Rico, after Hurricane Maria devastated Puerto Rico and the Virgin Islands. She had good reason to complain. As pointed out in the Economist, “[e]ven ...

From Surviving to Thriving -- Federal Resilience Standards

by Daniel Farber | September 07, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. On August 15, 2017, President Trump issued an executive order to expedite federal infrastructure-related decisions by allowing only 90 days for permit decisions and cutting back on flood safety requirements. Enthusiastic Republicans hailed the step. For instance, Rep. Ralph Abraham (R-LA) said he was “thrilled by Mr. Trump’s decision.” He dismissed catastrophic flooding in Louisiana the previous year ...

From Surviving to Thriving -- Adaptation Planning and Resilience: All Hands on Deck

by Alice Kaswan | September 06, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. By the end of the 2017 hurricane season, the American people were reeling from the impacts of Hurricanes Harvey, Irma, and Maria. The press documented the familiar cycle of compassion, frustration, and anger. As people suffered for days, weeks, and months in communities that were flooded, without power, and in need of food and other basic supplies, the ...

The National Environmental Policy Act Can Give Communities Impacted by Toxic Flooding a Voice

by Elena Franco | August 27, 2018
This post is part of a series about climate change and the increasing risk of floods releasing toxic chemicals from industrial facilities. It is based on a forthcoming article that will be published in the Sustainable Development Law & Policy Brief. As climate change makes extreme weather events increasingly frequent, the risk of flooding on our rivers and shores increases. As I noted in a previous post in this series, this puts us at risk for toxic flooding – the combination of ...

A Loss for Trump -- and for Coal

by Daniel Farber | August 23, 2018
Cross-posted from LegalPlanet. Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump administration's token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump administration and invalidated key parts of a rule dealing with coal ash disposal. That rule had originally come from the Obama administration, and the court agreed with environmentalists that it was too weak. ...

CPR, Public Interest Allies Call on EPA to Abandon 'Benefits-Busting' Rule

by James Goodwin | August 15, 2018
Earlier this week, 19 Member Scholars with the Center for Progressive Reform (CPR) submitted comments to the Environmental Protection Agency (EPA) that provide a detailed legal and policy critique of the agency's "benefits-busting" rulemaking.  Since early July, EPA has been accepting feedback on an advance notice of proposed rulemaking (ANPRM) that could lead to a complete overhaul of how the agency performs cost-benefit analysis on its environmental and public health rules. Consistent with other anti-safeguard moves the Trump EPA has ...

Trump Loses Another Big Court Case

by Daniel Farber | August 13, 2018
Cross-posted from LegalPlanet. Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that it kills insects quite satisfactorily. (I remember ads for "Big Foot Lorsban" from back when I lived in downstate Illinois, many years ago. ...

Environmental Policy

The planet faces unprecedented environmental challenges. Heading the list of threats is climate change, but other problems persist, including air and water pollution, toxic waste, and the protection of natural resources and wildlife. In recent years, we've been reminded that many of these problems , in their way, magnify the harm from natural disasters.

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Two Years and Counting: A Historical Perspective

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