Air Quality

Another Piece of the Section 111(d) Puzzle

The subject of statutory cross-references may seem incredibly arcane, but EPA’s proposed carbon rule for existing plants may stand or fall depending on the relationship between section 111(d) and section 112 of the Clean Air Act.  The House and Senate versions of section 111(d) both accidentally got into the final bill.  EPA has regulated the […]

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The Death of Deference?

supreme-court

Yesterday, the Supreme Court granted cert. in several cases to hear the following question: “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.” The fundamental issue is whether it was unreasonable for EPA to interpret section 112 to preclude consideration […]

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Where Does Air Pollution Come From?

LA Smog

When we think about pollution sources, we tend to picture factories.  As it turns out, that’s wrong.  At least, that’s the finding in a very carefully conducted study by UT’s David Adelman. He found that industry is not a leading source of air pollution, with two major exceptions.  One exception consists of   coal-fired power plants (and […]

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Guest Blogger David Schraub: Vermont Environmentalists File FTC Challenge over “Double-Counting” RECs

David Schraub is the Darling Foundation Fellow in Public Law at the University of California Berkeley School of Law. Represented by Patrick A. Parenteau and Douglas A. Ruley of the Vermont Law School’s Environmental and Natural Resources Law Clinic, four Vermont residents have petitioned the FTC to investigate alleged misleading marketing practices by Green Mountain […]

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A Roadmap for State Comments on the Clean Power Plan

"Dear EPA..."

Considerations for State Regulators Tackling EPA's §111(d) Proposed Rule

Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled […]

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2014 Senate Races and the Environment: Arkansas and Louisiana

Republican Party

Moderate Democratic Senators are at risk from GOP challengers.

Arkansas and Louisiana are neighboring states in which Republicans have good chances of picking up Senate seats.  But the GOP candidates in the two states have somewhat different stances on the environment. Though, needless to say, neither of them will be getting awards from the Sierra Club anytime soon, one of them has some environmental positives, […]

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UARG Strikes Back

supreme-court

Will UARG Persuade the Supreme Court to Overturn New Air Quality Standards?

“UARG” sounds like the name of a monster in a children’s book or maybe some kind of strangled exclamation.  But it actually stands for Utility Air Regulatory Group, which represents utility companies in litigation.  UARG did well in two important Supreme Court cases last year, winning part of the case it brought against EPA climate change […]

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Back in the Fast Lane

San Diego Trolley

New Pritzker Brief from UCLA Law on Making Public Transit Work

Fellow blogger Ethan Elkind has spent a lot of time researching the history, politics, and future of transit in California.  Earlier this year he published Railtown, a fascinating portrait of the fight over development of the L.A. Metro rail system, revealing the degree to which that development has been driven by good old-fashioned politics and even intrigue […]

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Guest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended

A Reply to Megan Herzog

In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist […]

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

clean air act signing

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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