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It is tempting to think that the threat of the current Congress abusing the Congressional Review Act (CRA) is over, now that the deadline to revisit rules implemented during the previous Congress’s session—provided by the CRA’s unique “lookback provision”—has formally passed. But that would be a mistake, as conservative lawmakers have found novel ways to target agency actions...


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The question of which court should hear a case isn’t always as easy as it might seem — and the answer can sometimes make a difference in the potential outcome. For instance, in 2013, the government of Plaquemines Parish, Louisiana, decided to sue several oil companies for violating a 1978 state law that required a state permit for oil production along the Louisiana coast.

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The Trump administration recently repealed the U.S. Environmental Protection Agency’s 2009 endangerment finding—the scientific and legal determination that greenhouse gases threaten public health and welfare that has anchored federal climate regulation for nearly two decades. Environmental Protection Agency Administrator Lee Zeldin called the finding “the Holy Grail of federa...


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On April 23, the Baltimore Sun published an op-ed lambasting efforts by localities and states to hold the fossil fuel industry responsible for decades of misinformation about the dangers of their products. These hazards to the public’s health, welfare, and safety are now coming home to roost in the form of extreme weather, increased flooding […]

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On April 24, The Washington Postpublished an op-ed that sought to blame an unusual source for the high energy and gas prices Americans are now facing: justice. Specifically, it claims that these price increases are the result of state and local governments trying to hold Big Oil accountable for the climate-related harms their constituents are continuing to suffer. I submitted...


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