In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have […]
Opinion by Scalia Based on Meaning of "Appropriate"
The U.S. Supreme Court today struck down EPA’s rules governing toxic emissions from power plants. My first take on the opinion, by Justice Scalia, is that while the outcome is bad for the agency, the reasoning appears not to be a radical departure from existing doctrine, with one worrisome tidbit thrown in. Justice Scalia used […]
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind […]
Decision Expected Tomorrow, Written by Someone Other than Scalia
Though the monumental decisions on health care and marriage equality are behind us, tomorrow remains another big day in the Supreme Court. Three cases remain undecided: Glossip v. Gross (whether Oklahoma’s execution methods are unconstitutional); Arizona State Legislature v. Arizona Independent Redistricting Commission (whether a state commission can draw Congressional electoral lines) and Michigan v. […]
A sleeper decision by the D.C. Circuit upholds federal air pollution authority.
The D.C. Circuit’s decision last week in Mississippi Commission on Environmental Quality v. EPA didn’t get a lot of attention, despite having a very significant constitutional ruling. Since the constitutional discussion doesn’t start until about page seventy, after many pages of scintillating discussion of matters like the reliability of private air pollution monitors and the […]
Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111
Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean […]
Envisioning greener energy, cleaner air, and reduced consumption in LA by 2035
Perhaps no metropolis is better positioned than Los Angeles to pioneer ground-breaking environmental initiatives. As the second-largest U.S. city, and with the country’s largest municipally owned utility, a world-class research university–UCLA, and the blessings of abundant sunshine and a temperate Mediterranean climate, Los Angeles could serve as a global model for urban sustainability. Today, the […]
States will only lose out if they refuse to cooperate with the Clean Power Plan.
Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court. He has been accused of inciting lawless behavior on the part of state governments. Let me come to his defense on this. (How often do I get to do that??) The states are under no legal obligation […]
Coal versus wind power; China's air; poll results; Ted Cruz; arctic ice.
There’s been a lot of interesting environmental news recently, much of which seems to have gotten little notice. The topics range from U.S. wind power (growing) to U.S. coal power and Arctic sea ice (both shrinking), with a bit of Ted Cruz to spice things up. Here’s the round-up: Out with coal, in with wind. The […]
Argument that Clean Power Plant an "Unconstitutional Power Grab" Ridiculed
Famed constitutional law professor Lawrence Tribe is serving red meat to opponents of climate change regulation. Not only is he representing Peabody Coal in a pending court challenge to the Environmental Protection Agency’s Clean Power Plan, but this week he testified before the House Energy and Commerce Committee that EPA, in adopting the plan, is […]