In the News

This is not easy to answer. Assigning a monetary value to environmental harm is notoriously tricky. There is, after all, no market for intact ecosystems or endangered species.

President Obama’s Clean Power Plan has rightly been hailed as the most important action any president has taken to address the climate crisis.

C. Boyden Gray, who helped to draw up the 1990 Clean Air Act amendments as counsel to the first President Bush, and now represents many energy-industry clients as an attorney in private practice, told me in June, after the initial case was dismissed, that there were many legal arguments to be made against the EPA carbon regulations — but he wasn’t convinced by Tribe’s. “You look at Revesz,” he says, “and you say, ‘My God, that is pretty persuasive.”

Brian Lehrer and Martha Bergmark, Executive Director of Voices for Civil Justice, discuss legal aid and the findings of a recent report from the Institute for Policy Integrity. (Audio begins at 2min 45sec.)

When domestic violence cases make their way through the legal system, accused batterers have the right to a free court-appointed attorney in criminal cases. But a domestic violence survivor isn’t assured access to reduced-cost legal services. It’s a problematic imbalance, and correcting it could likely reduce the rate of domestic violence.

“Not only are there rights- and moral-based reasons for support for domestic violence survivors, there are many economic reasons too,” said Denise Grab, senior attorney at the Institute for Policy Integrity and co-author of the report.

The Mercury and Air Toxics Standards, also known as “MATS,” are the culmination of a very long regulatory process.

In the final ruling of an historic Supreme Court term, the Obama administration was handed a loss on Monday, but the fallout will likely be minimal. In a 5-4 decision written by Justice Antonin Scalia, the court found that the Environmental Protection Agency (EPA) should have considered costs when it first began the regulatory process for its Mercury and Air Toxics Standards.

“The court didn’t do anything to this rule. The case now gets remanded to the D.C. Circuit,” Richard Revesz, director of the Institute for Policy Integrity and dean emeritus of NYU Law School, said shortly after the ruling was released. “I don’t think this is any blow at all. I think it is pretty clear that this rule will ultimately be upheld.”

One of the U.S. government’s largest sources of non-tax revenue comes from the land it leases to oil, gas and coal companies. Last fiscal year, the federal government generated more than $13 billion from drilling and mining activities on its land – but it should have made hundreds of millions of dollars more. Antiquated pricing rules have given these energy companies access to federal lands at prices that ignore decades of inflation, as well as many environmental and health costs of fossil fuel production.