Changes in Environmental Regulations - Shared screen with speaker view
Kenneth Orie
Tim: Thanks for your talk. Questions: Is the mini NEPA in Louisiana codified in the Administrative procedure law? Was it the Save Ourselves case that you referenced as case law for environmental review in Louisiana?
Tim Hardy
It is codified in the Environmental Quality Act. And it is indeed the Save Ourselves case, sometimes referred to as the "IT Decision."
Kenneth Orie
Thanks, Tim.
Kenneth Orie
Stephen, Thanks for your talk. Could you please clarify the effects of the Congressional Review Act on the 2020 rule under NEPA?
Kenneth Orie
Monica: Is the administration of the ESA stagnated since it appears Congress has not appropriated funds for it for many years?
Portia Mastin
Monica - since you're the EDF Oceans Policy Director I'm just curious as to whether there were any changes to MMPA regulations under the Trump Administration?
Monica Goldberg (she/her)
Example of a failed CRA attempt on methane: https://climate.law.columbia.edu/content/senate-rejects-cra-resolution-repeal-methane-waste-rule
Kenneth Orie
Stephen: Could you speak more to "purpose and need" requirement tied to the goal of an applicant under the 2020 NEPA rule?
Will DeJean
Gorsuch has a pet peeve about administrative rule making, which would undermine cases such as Chevron v. NRDC.
Monica Goldberg (she/her)
Good point Will. As an environmental litigator I have loathed the deference the agency gets under that decision, and yet I also see how undermining agency discretion could have significant impacts on their ability to do anything at all
Will DeJean
Look at a USSC case from 1947, Merrill v. Federal Crop Ins. Corp., Justice Frankfurter, no liberal he. He speaks that Congress cannot speak to the myriad details in legislation, hence administrative rule making is necessary.