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4 Oct 2022, 3:02 pm by Jonathan H. Adler
I believe this is a gross misread. 404(g) and the accompanying provisions set up the sort of cooperative federalism structure common to environmental law in which states can obtain authorization to administer a federal regulatory or permitting program under state law (so as to, among other things, reduce local regulatory burdens by avoiding the need for duplicative federal and state permits). [read post]
17 Oct 2009, 7:53 am
In this case, the court ruled that State and County had not properly met the burden placed on them by Section 554.002. [read post]
30 Sep 2016, 7:38 am by Amanda Frost
After the Supreme Court’s decision in Planned Parenthood of Southeastern Pennsylvania v. [read post]
17 Nov 2020, 7:40 pm by Linda McClain
On this reading, the Court’s racial discrimination mean “not merely that race was important but that the burden on the people who are rejected because of race is an interest that the state could seek to protect, that a rejection on the basis of race or any protected category creates a st [read post]