air pollution

Spewing Out Mercury

These three power plants cause a big share of America’s mercury pollution.

In Ireland, poor people used to burn peat from fuel. Barely a step ahead of that, some American power plants burn semi-fossilized peat (lignite) to run their generators. It turns out that those power plants produce about a third of all the toxic mercury emissions of the entire industry. Even more remarkably, about half of …

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Constraints on Rollbacks

Regulations have some sticking power, even when the White House changes hands.

The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …

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EPA and the Student Loan Decision

Will the major questions doctrine block EPA’s proposed rules?

Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine.  Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine?  A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …

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Not Just About the Climate

The benefits of the energy transition transcend climate.

The main reason to control carbon is to protect the climate. But cleaning up the energy system has plenty of other benefits. Those benefits will flow to people in rural areas as well as urban ones, to national security and international development, and to nature itself. To begin with, there are the health benefits of …

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The Car Rule and the Major Questions Doctrine

Claims that the new rule violates the doctrine are groundless.

Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. …

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How Garden-Variety Air Pollution Regulation Promotes Environmental Justice

Cleaning up our nation’s air benefits the disadvantaged most of all.

Evidence is mounting that air pollution regulation is an effective way of reducing  health disparities between disadvantaged communities and the population as a whole. The basic reason is simple: Air pollution is the biggest environmental threat to poor communities and communities of color.  As the American Lung Association has said: “The burden of air pollution …

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Why the Bay Area’s Zero-Emission Appliance Rule is a Big Deal

BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.

Air quality officials in the San Francisco Bay Area just made history by moving to adopt the nation’s first rules phasing out new gas-fueled water heaters and furnaces in homes and businesses within about eight years. This action serves as a major step in the effort to curb health-harming and planet-warming emissions from buildings. Several cities …

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Deregulation, Normal Accidents, and the Airborne Toxic Event

What can we learn from the East Palestine train wreck?

Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away.  Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms …

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Congressional Cancel Culture

Once again, the Congressional Review Act rears its ugly head.  

The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …

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Learning to Name Environmental Problems

It was only in the 1960s that the Supreme Court learned to talk about “pollution” and “wilderness.”

There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smokey cities as embodiments of the same problem, despite their striking physical differences?  And when it did start …

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