A Response to John Nagle: The Clean Air Act as a Whole Supports Climate Regulation

Debating the Relationship between the Healthcare Fight and Climate Regulation

Last week, conflicting federal court decisions regarding the Patient Protection and Affordable Care Act, commonly known as the ACA or “Obamacare,” set the nation abuzz. In Halbig v. Burwell, the D.C. Circuit Court of Appeals struck down an Internal Revenue Service (IRS) regulation providing federal subsidies to low-income taxpayers who purchase health insurance through a […]

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Congressman Waxman Tells FERC: Read UC Berkeley’s Climate Change Study

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Henry Waxman urges FERC to act on greenhouse gas emissions.

In a Congressional hearing this morning, Congressman Henry Waxman had a rare chance to face all five sitting members of the Federal Energy Regulatory Commission (FERC) at the same time to talk about climate change. He took the opportunity to point out UC Berkeley’s recent report on FERC’s authority under existing law to reduce greenhouse […]

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Rand Paul and the Environment (Take 2)

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Guess what: he's no friend of the environment.

Yesterday I posted a confused discussion of Paul’s environmental views. (Probably due to brain lock from spending  too many hours puzzling over the numerical examples in EME Homer!) I wanted to replace it with a clearer description of his views, so I pulled it from the website.  Let’s try this again. This first thing to know about Senator Paul is […]

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General Permits and the Regulation of Greenhouse Gases

The Supreme Court ignored a major option for effective regulation

Author’s Note:  The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. It is also cross-posted at Reg Blog.  Reg Blog, supported by the U Penn Program on Regulation is an […]

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Does Scalia’s Opinion in Utility Air Regulatory Group v. EPA Help Protect the ACA?

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The UARG majority opinion says the context and overall structure of a statute help determine the meaning of statutory terms

The tax subsidies provided under the Affordable Care Act to pay for health insurance are, of course, the subject of significant press coverage since dueling federal appeals courts came to different conclusions about who receives them this week.   The D.C. Circuit Court of Appeals held, in a 2-1 decision called Harbig v. Burwell, that an […]

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The Federal Energy Regulatory Commission Can Do a Lot to Reduce Greenhouse Gas

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A new report shows that FERC has extensive power to address climate change.

The U.S. Environmental Protection Agency (EPA) has captured the attention of the energy world with its proposed regulations to reduce greenhouse gas emissions from existing power plants – and for good reason. The EPA’s authority is broad and its resolve to address climate change is evident. But other federal agencies are in a position to […]

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Groundwater and the public trust doctrine, California style

The dewatered Scott River west of Fort Jones, CA, Sept. 2, 2009. Photo by Klamath Riverkeeper. Flight by LightHawk.

California trial court rules that public trust doctrine applies to pumping that reduces flow in a navigable waterway

If you follow California water law or environmental law, you probably have been aware that the Environmental Law Foundation has been pursuing a public trust claim based on groundwater pumping that affects the Scott River. Last week they gained a victory at the trial court level, with a ruling that endorses the principle that groundwater […]

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How the Public Views Climate Action

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The public continues to support a federal action to address climate change.

A poll released last month probed American attitudes toward climate change.  The poll was released after the Obama Administration issued its proposed rules for existing power plants to loud cries of protest from industry.  The poll was conducted by Stanford University and Resources for the Future, a highly regarded think tank.  At the time, the […]

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A win for EPA on mountaintop removal

Mountaintop removal at Oven Fork, near Whitesburg (Letcher County, KY). From The Mountaintop Removal Roadshow, http://mountainroadshow.com

D.C. Circuit upholds Enhanced Coordination Process, refuses to review agency guidance

The D.C. Circuit has rejected a challenge to consultation procedures developed by the EPA and Corps of Engineers for reviewing mountaintop removal mining permits and to EPA’s guidance for reviewing permits issued by the Corps or state permitting agencies. Because it rests on standard administrative law, the decision shouldn’t merit comment. But it does, because […]

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Wild horses and the goals of nature protection

Feral horses at Sheldon National Wildlife Refuge, NV. (Photo by Gail Collins / USFWS)

A petition to list wild horses as endangered or threatened highlights questions about what our conservation laws should protect

  Friends of Animals and The Cloud Foundation have filed a petition seeking listing of the wild horse in the American west as an endangered or threatened species. Given that, according to the petition itself, there are currently some 34,000 wild horses on public lands in the west (with other estimates closer to 50,000), listing […]

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North Dallas Forty

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A North Dallas Representative sponsored the House bill to save inefficient light bulbs -- but he also advocates energy efficiency.

Yet again, House Republicans have passed a ban on enforcing efficiency regulations for light bulbs, taking a brave stance in favor of energy wastage. The amendment bans DOE from spending any money to enforce the restrictions.  They’ve done this repeatedly, for reasons that seem to have more to do with talk radio than with any actual […]

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