This commentary was originally published by The Regulatory Review. Reprinted with permission.
Haaland will oversee the federal agencies that manage nearly 480 million acres of federal public lands, while the head of the U.S. Forest Service in the U.S. Department of Agriculture (USDA) manages the remaining 190 million acres.
Haaland and her colleague, Secretary of Agriculture Tom Vilsack, have a tall double-order ahead. In his flurry of first-day executive orders, President Joe Biden announced the entwined goals of addressing racial, economic, and other forms of injustice, as well as tackling the country's most serious environmental challenges. Reflecting these goals, during his confirmation hearing, Vilsack pledged to address "discrimination in all its forms across USDA agencies," and "to root out generations of systemic racism that disproportionately affects Black, Indigenous, and People of Color."
Haaland's biography itself reflects the promise of President Biden's goals. She was born in Winslow, Arizona to a Laguna Pueblo mother and a white father. After graduating from college, Haaland scraped by, working to support her young daughter …
This post was originally published on Legal Planet. Reprinted with permission.
Last Friday, the Second Circuit Court of Appeals issued an important decision in a lawsuit against the oil industry. New York City had sued oil companies for harms relating to climate change. The appeals court ordered the case dismissed, on the ground that any harm relating to fossil fuels is exclusively regulated by the Clean Air Act. The ruling is a setback for the plaintiffs in similar cases, though how much of a setback remains to be seen.
The court's analysis is complicated and involves some fairly esoteric legal arguments. I'll try to avoid the fine points. In the end, the court's argument comes down to two points. The first point relates to fuels used in the United States. The court argues that by authorizing EPA to regulate carbon emissions, the Clean Air Act indirectly eliminates …