LexisNexis® Legal Newsroom
Thomas H. Clarke, Jr.
U.S. and Canada seek to create a 230-mile emissions control area around their coastlines

Prior posts have noted that California has sought to assert jurisdiction over emissions by ships moving along the coast. Now, the U.S. and Canada have stepped into the fray by applying to the International Maritime Organization to create a 230-mile emissions...

Tags: Air Quality
Thomas H. Clarke, Jr.
Light-emitting diodes are the likely longterm replacement for compact florescent lights

Incandescent bulbs are disappearing. The EU will phase them out by 2012; the U.S., 2014. Some countries (e.g., Brazil, Australia, Switzerland) have already done so. The reason? Incandescent bulbs are inefficient; only about 5% of the energy they use is...

Tags: Technology
Thomas H. Clarke, Jr.
U.S. Supreme Court holds that cost-benefit analysis is permitted when ascertaining the types of cooling water intake structures that are required for existing powerplants in order to minimize harm to aquatic organisms

Petitioners' powerplants have "cooling water intake structures" that allegedly threaten the environment by squashing various aquatic organisms against intake screens ("impingement") or pulling them into the cooling system ("entrainment"...

Thomas H. Clarke, Jr.
House Energy & Commerce Committee chair and key subcommittee propose 648-page "discussion draft" on GHG's and energy independence; very aggressive hearing and mark-up schedule proposed

Chairman Henry A. Waxman (D., CA.) of the Energy and Commerce Committee and Chairman Edward J. Markey (D., MA.) of the Energy and Environment Subcommittee have released a 648-page draft global warming and energy bill entitled The American Clean Energy...

Thomas H. Clarke, Jr.
Senate prevents use of budget reconciliation process to adopt climate change legislation

The U.S. Senate has voted to prevent the budget reconciliation process from being used to adopt GHG-global warming legislation. By using the budget reconciliation process, Democrats could have lowered the vote requirement for a cap-and-trade bill from...

Thomas H. Clarke, Jr.
Even procedural errors by agency taking administrative action require a showing of prejudice, holds Fourth Circuit Court of Appeals

Prior posts have described numerous District Court and Court of Appeals cases in which various plaintiffs have challenged the actions of agencies in adopting regulations and granting permits; it has been repeatedly noted the difficulty of overcoming an...