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Environmental Law

Improving the Use of Science in Regulation

Administrative Law & Regulation and Environmental Law & Property Rights Practice Group Teleforum Thursday, June 29, 02:00 PMFederalist Society Teleforum Conference Call

Regulations intended to address public health and environmental risks depend heavily on scientific information. Yet, they are often the subject of heated debate, involving accusations of “politicized science,” “advocacy science,” and “junk science.” Susan Dudley will discuss her forthcoming paper with Marcus Peacock that explores the motivations and institutional incentives that have led to this acrimony. The paper illustrates the problem with a case study of the National Ambient Air Quality Standards issued under the Clean Air Act, and offers recommendations for improving how science is used to inform regulatory policy.

Featuring: 

  • Hon. Susan E. Dudley, Director, Regulatory Studies Center and Distinguished Professor of Practice, The George Washington University

Litigation Update: Exxon Investigation - Podcast

Litigation Practice Group Podcast
Ken Paxton May 10, 2017

On April 20th, eleven state Attorneys General filed a joint amicus brief in support of ExxonMobil and its request to stop an investigation into allegations of fraud and deceptive practices surrounding the relationship between fossil fuels and climate change. Texas AG Ken Paxton was joined by ten other state Attorneys General on the brief in a New York District Court. On May 9, AG Paxton joined us to share his views on the underlying investigation, whether it impinges on Exxon’s free speech protections, and the ramifications a potential lawsuit could have on the fossil fuels industry.     

Featuring:

  • Hon. Ken Paxton, Attorney General, Texas

The Clean Power Plan Goes to Court - Event Audio/Video

Environmental Law & Property Rights Practice Group
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin Jr., Adam J. White September 15, 2016

In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection Agency’s website as “a historic and important step in reducing carbon pollution from power plants that takes real action on climate change.” Some six months later, on February 9, 2016, the U.S. Supreme Court stayed implementation of the Plan, pending further judicial review. Later this month, the D.C. Circuit Court of Appeals will hear en banc argument in that case, West Virginia et al. v. EPA. The suing states and power companies assert that the EPA has overstepped its authority in the Clean Air Act, and have acted beyond the bounds of the U.S. Constitution. Our experts will debate the arguments made in the various briefs and expected at oral argument.

Speakers: 

  • David Bookbinder, Founder, Element VI Consulting
  • David Doniger, Policy Director, Climate & Clean Air Program, Natural Resources Defense Council
  • Hon. Scott Pruitt, Attorney General, Oklahoma
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
  • Moderator: Adam J. White, Research Fellow, The Hoover Institution

National Press Club
Washington, DC

Clean Power Plan in the Court - Podcast

Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
David Bookbinder, David B. Rivkin Jr. September 14, 2016

On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in West Virginia, et al. v. EPA, a case testing the constitutionality of the Clean Power Plan. Among two procedural peculiarities (the U.S. Supreme Court has granted a stay in the implementation of the Plan, and the D.C. Circuit Court of Appeals has, sua sponte, decided to hear the case en banc without a prior three-judge panel), the case includes myriad federalism and separation of powers issues. Our experts will discuss the primary issues in the case – the balance of power between the federal and state governments, and the separation of powers within the federal government.

Featuring:

  • David Bookbinder, Founding Member, Element VI Consulting
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP