Category: Law

The Tulloch Rule

The Tulloch Cases and rule deal with the redeposition of dredged material. Tulloch II – The decision on remand of Tulloch I Tulloch chronology thru 2001 Tulloch_Conforming_Q-As – EPA’s modification of the rule based on the cases. The EPA stepped back to…

Emergency Powers and Hurricane Isaac

For the past several decades there has been a push by both conservatives and liberals to restrict agency discretion. Conservatives want to keep agencies from acting, and liberals want to force agencies to act in certain ways. This makes it…

Climate Change Adaptation and the Structural Transformation of Environmental Law

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1517374 or https://biotech.law.lsu.edu/climate/docs/ssrn-id1517374.pdf The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to…