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Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could...more

Whither the Council on Environmental Quality NEPA Regulations? A Clear-Eyed Perspective

For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

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