In Term-Opener, Justices Will Hear Mississippi’s Complaint that Tennessee Is Stealing Its Groundwater
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 the bench for the start of their new term (though the courtroom will remain mostly empty aside from attorneys, members of the press, and the justices themselves).
Like most original jurisdiction water cases, Mississippi v. Tennessee has taken a few years to wend its way to Supreme Court oral argument, and that argument …
This post was originally published on LPE Blog and is part of a symposium on the future of cost-benefit analysis. Reprinted with permission.
President Biden has made climate change and racial justice central themes of his presidency. No doubt with these problems in mind, he has signaled a desire to rethink the process and substance of White House review of agencies' regulatory actions. On his very first day in office, Biden ordered administrative agencies to ensure that this review does not squelch regulatory initiatives nor brush aside "racial justice, environmental stewardship, human dignity, equity, and the interests of future generations." At the same time, however, Biden reaffirmed the "basic principles" of a Clinton-era executive order on White House regulatory review, subjecting agencies' major rules to a cost-benefit test.
These twin inclinations – toward acting boldly on climate change and racial justice, and toward judging regulation using cost-benefit …
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 …
A recent Maryland law requires the state's Commissioner of Labor and Industry, in consultation with its Occupational Safety and Health Advisory Board, to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress. Those standards are due by October 2022.
The law also requires the state to hold four public meetings to collect input from residents. This month, the Maryland Occupational Safety and Health Division (MOSH) scheduled those meetings, and I testified at the September 20 session.
As I stated during the hearing, CPR is pleased that Maryland will issue a standard requiring employers to protect workers from heat-related illnesses this session. I and other advocates urged MOSH to address the dangers of working in the heat and the immediate need for the standard.
As noted in my testimony, farmworkers are predominantly Black and brown, and many are from Indigenous …
This op-ed was originally published in The Hill.
Addresses by national leaders to the United Nations General Assembly are often broad expressions of lofty ideals, and President Joe Biden's speech Tuesday fell squarely into that category. It covered an extraordinary panoply of global challenges and policy concerns, including controlling the COVID-19 pandemic, rebuilding and strengthening global alliances and regional initiatives, curbing terrorism, protecting human rights (including the rights of women and workers) and lifting up democracy. Biden also committed the United States to advancing human dignity, combating corruption and seeking peace in areas of conflict around the world.
Of particular importance were Biden's remarks regarding the global climate change crisis. Observing that "we stand at an inflection point in history," Biden outlined a stark choice between "meeting the threat of climate change" or suffering "the merciless march of ever-worsening droughts and floods, more intense fires …
Amid the latest wave of voter suppression laws across the nation, Senate Democrats last week unveiled new voting rights legislation.
This legislation aims to safeguard the voting rights of millions of Americans. Ensuring access to the ballot for all eligible citizens is, of course, crucial to the health and integrity of American democracy. More than that, though, it is an essential precondition for the effective functioning of our regulatory system. Put simply: When voters’ voices are suppressed, lawmakers and agency officials may be less responsive to their needs — and more likely to favor those of corporations and other special interests.
Public support for regulations
Corporations often fight any regulations that threaten to restrict their profits; the general public, however, strongly supports protective regulations across the political spectrum.
This is true even of issues that provoke sharp disagreements among elected officials. When it comes to addressing pollution and …
This post was originally published by the Chesapeake Accountability Project. Reprinted with permission.
Maryland is home to more than 1,000 industrial facilities, including landfills, auto salvage yards, hazardous waste treatment, storage sites, and various types of manufacturing and processing plants. When it rains or snows, toxic pollution often runs off these facilities and enters nearby waterways and groundwater resources, negatively impacting aquatic life, nearby communities, and drinking water sources.
The problem — known as industrial stormwater pollution — is dire in Maryland. More industrial facilities are being built in the state, and precipitation intensity is increasing more quickly in the Chesapeake Bay region than elsewhere in the United States, threatening public and environmental health. Low-income people and communities of color are at heightened risk.
The Maryland Department of the Environment (MDE) requires industrial facilities not covered by individual permits to obtain a general permit for industrial stormwater. This …
This post was originally published on LPE Blog as part of a symposium on vulnerability theory and law and political economy (LPE). Reprinted with permission.
Assumptions about the human condition shape the legal rules and institutions that structure the economy and state. By re-centering law on a clearer understanding of the human subject, vulnerability theory can strengthen law and political economy (LPE) efforts to address accelerating threats to democracy, equality, and the environment. In particular, vulnerability theory responds to neoliberalism’s use of the liberal ideal of individual autonomy to undermine liberal goals of democracy, human rights, and equality. Those goals can be better advanced and defended by affirming the universal human fact and societal value of embodied, embedded beings.
Law plays a leading role in disseminating and legitimating neoliberal ideas. Yet, legal theory has lagged in addressing neoliberalism as a paradigm shift. As Corinne Blalock astutely …
This post was originally published on Legal Planet. Reprinted with permission.
The Biden administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of his first year. Biden's delay in filling this important office is hard to defend.
The main reason for the delay is probably that Biden doesn't have the OIRA administrator's boss in place, either. Biden's nominee to head the Office of Management and Budget (OMB) had to be withdrawn when her Senate support evaporated. That was on March 2, however, and there's still no new OMB nomination six months later. Maybe the reason is an inability to find a candidate who can …
On August 29, Hurricane Ida pummeled Louisiana’s coastline with winds as high as 150 miles per hour and a storm surge of up to nine feet, flooding communities and destroying homes. The Category 4 storm displaced thousands of people and left 1 million without power — all as the coronavirus surge overwhelms hospitals across the state.
Amid this chaos, Louisianans faced yet another hazard — the risk of exposure to toxic pollutants from explosions, flares, and accidental releases at disabled, damaged, or flooded industrial facilities.
A week after the storm made landfall, the U.S. Environmental Protection Agency’s (EPA) National Response Center (NRC), which collects reports on oil, chemical, radiological, biological, and etiological discharges into the environment, had received more than 170 incident reports related to Ida. Many of these were in Louisiana, and 17 were air releases. Yet little is known about the effects as 13 …
