water-drop-pixabay.jpg
Nov. 23, 2021 by Robin Kundis Craig

In Dispute over Groundwater, Court Tells Mississippi It's Equitable Apportionment or Nothing

This post was originally published on SCOTUSblog. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. In an opinion by Chief Justice John Roberts, the court squarely rejected Mississippi's claim that Tennessee is stealing Mississippi's groundwater, noting that it had "'consistently denied' the proposition that a State may exercise exclusive ownership or control of interstate waters."

The Supreme Court's decision

As expected, the court's opinion in Mississippi v. Tennessee is short — 12 pages, half of which recount the long history of the case. Nevertheless, in this first opinion about states' rights to interstate aquifers, the court made three important decisions that are likely to guide future interstate disputes over natural resources.

First, the court identified three criteria for determining when equitable apportionment is the appropriate doctrine to govern an interstate dispute. Emphasizing that it has applied equitable apportionment to not only rivers and streams but also to interstate river basins, to groundwater pumping that affects surface water flows …

Nov. 23, 2021 by Robin Kundis Craig
faucet-pixabay.jpg

This post was originally published on SCOTUSblog. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

Confirming expectations, the Supreme Court on Monday unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater. If Mississippi wants to pursue its groundwater battle with Tennessee, it will have to file a new complaint with the court asking for an equitable apportionment of the Middle Claiborne Aquifer, which lies beneath Mississippi, Tennessee, and other states.

Defying everyone else’s agreement that equitable apportionment was its only cause of action, Mississippi argued before the Supreme Court that Tennessee had invaded Mississippi’s sovereign territory by allowing the Memphis Light, Gas and Water Division to pump so much water from the aquifer that it created a cone of depression that extended across the state line and caused groundwater that naturally would have remained under Mississippi to flow into Tennessee. For this …

Nov. 22, 2021 by Karen Sokol
oil-well-jack-wide.jpg

During a historic hearing before the U.S. House Committee on Oversight and Reform on October 28, the executives of ExxonMobil, Chevron, Shell, BP, and the American Petroleum Institute (API), refused to admit to their decades-long climate disinformation campaign that is now well-documented in publicly available documents uncovered by journalists and researchers.

If that weren’t enough, the executives continued to deny climate science under oath, albeit with a slight twist from their previous disinformation campaign. Instead of denying the science establishing that fossil fuels are driving the climate crisis, they’re now denying the science establishing the urgent need for a rapid transition away from fossil fuels.

In other words, they’re still lying — a strategy that was on full display in this blockbuster hearing.

The ultimate questions at hand were whether the chiefs of the oil and gas industry would:

  1. Admit to their companies’ decades-long …

Nov. 18, 2021 by Maggie Dewane, Catalina Gonzalez
climatechanging protest.jpg

The reactions are pouring in following the closing of the COP26 climate change summit in Glasgow. Generally, while some progress was made, the news across the board is that not enough was accomplished to keep the planet under the 1.5-degree Celsius threshold necessary to stave off climate catastrophe. There was, however, a  noticeable shift from years’ past: the U.S. presence.

President Joe Biden rejoined the Paris Climate Agreement on his first day in office, fulfilling a campaign promise immediately and noting to the world, “The U.S. is back.” At the meetings in Glasgow, it was clear the Biden administration wanted to show this return to global leadership by sending an extensive contingency to represent the U.S. government. In addition to Biden’s Climate Envoy John Kerry, 12 cabinet members and senior administration officials were tapped, including Transportation Secretary Pete Buttigieg, Energy Secretary Jennifer …

Nov. 15, 2021 by Daniel Farber
power-plant-power-lines-wide.jpg

This post was originally published on Legal Planet. Reprinted with permission.

The decision at the Glasgow climate conference to phase down fossil fuels is an important step forward — and not just because of climate change. We think of fossil fuels as a source of climate change, but that's only a one part of the problem. From their extraction to their combustion, everything about them is destructive to the environment and human health.

Our system of environmental regulation divides up regulation of a single substance based on each of its environmental impacts. Thus, the regulatory system sees the "trees," not the "forest." That muddies the waters when we are talking about regulatory priorities, strategies, and long-term goals. It can also lead to framing issues in ways that may weaken environmentalist arguments, since the various harms of a substance or activity get fragmented into different silos.

Fossil …

Nov. 11, 2021 by Richard Pierce, Jr.
ElectricalTransformer_wide.jpg

This commentary was originally published by The Regulatory Review. Reprinted with permission.

While most people were following the developments at the G20 meeting and the Climate Change Summit last week, or immersed in watching the outcomes of key elections in several states such as Virginia and New Jersey, I was waiting to learn the results of a referendum in Maine.

Last Tuesday, Maine voters approved a measure that prohibits the construction of a transmission line that would have delivered hydropower generated in Quebec to New England. New Hampshire refused to permit construction of the same transmission line last year.

The largely ignored vote in Maine may have a greater effect on the future of the United States than any of the highly publicized events of the past week. When states and localities block electricity transmission projects that are in the national interest, they threaten the country’s …

Nov. 8, 2021 by Daniel Farber
Solar Energy and Electricity

This post was originally published on Legal Planet. Reprinted with permission.

Late Friday, the House passed President Biden's infrastructure bill, the Build Back Better law. As The Washington Post aptly observed, the bill is the biggest climate legislation to ever move through Congress. It also attracted key support from some Republicans, which was essential to passing it in both houses of Congress. Biden is pushing for an even bigger companion bill, but the infrastructure bill is a huge victory in its own right.

One major area of spending is transportation. Some of that goes for roads and bridges. But as The Washington Post reports, there's a lot of money for rail and mass transit:

    "Another $66 billion will go to passenger and freight rail, including enough money to eliminate Amtrak's maintenance backlog. Yet another $39 billion will modernize public transit, and $11 billion more will be …

Oct. 28, 2021 by Minor Sinclair
FloatingEarth_wide.jpg

Our society has finally reached a turning point on climate.

I’m not referring to the “point of irreversibility” about which the United Nations warns us: In nine short years, the cascading impacts of climate change will trigger more and greater impacts to the point of no return.

Rather, we have reached the turning point of political will for climate action. There is no going back to climate passivity or denialism. Choosing to electrify and greenify is a progressive agenda, a mainstream agenda, and an industry agenda though all of these agendas differ.

Reconciling these interests, Congress will pass one, if not two, major spending bills this fall, which would invest as much as $750 billion in climate investments to decarbonize, electrify, and build resilient infrastructure. This achievement is not the Green New Deal, nor the full vision of the Sunrise Movement, but it borrows parts from …

Oct. 1, 2021 by Robin Kundis Craig
faucet-pixabay.jpg

This post was originally published on SCOTUSblog. Reprinted under Creative Commons license CC BY-NC-ND 3.0.

Mississippi v. Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action.

The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half. In March 2020, the justices stopped meeting in person due to the coronavirus pandemic, and since then, all arguments have been conducted by phone. But the justices are returning to …

Sept. 30, 2021 by Clarissa Libertelli
Monocacy River playground - Will Parson Chesapeake Bay Program.jpg

Hurricane season hit Maryland hard this year, and even as it comes to a close, heavy rains continue to cause highway shutdowns and spread toxic floodwater. With the Maryland Department of the Environment (MDE) currently updating its rules and permits regarding stormwater, Marylanders have an opportunity to protect their communities against one of the most pernicious problems climate change poses for the region. 

Stormwater pollution occurs when heavy rain or snow is not absorbed by the ground due to oversaturated soil or impervious surfaces. The runoff sometimes reaches dangerous volumes, turning roadways into rivers and causing flash floods.

It also pollutes our environment: When runoff flows over rooftops, streets, and storm sewers, it collects trash, chemicals, bacteria, sediment, and other toxic and harmful substances that are carried into our waterways. Along the way, the polluted water passes through communities, evaporating and coating the surrounding environment with toxins …

CPR HOMEPAGE
More on CPR's Work & Scholars.
May 19, 2022

Worker Safety Means Environmental Regulation

May 4, 2022

Clarifying the Congressional Review Act

May 2, 2022

Taking the Supreme Court's Temperature on Global Warming

April 27, 2022

New Report: Democratizing Our Regulatory System Is More Important Than Ever. Can FERC Lead the Way?

April 26, 2022

HBO Max Series Highlights Need for Stronger Regulation of Cosmetics Industry

April 25, 2022

Biden Undoes NEPA Rollback

April 22, 2022

The Clean Water Act's Midlife Crisis