Air Quality

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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Today’s Supreme Court Ruling: Three Key Questions

supreme-court

Direct implications are limited, but we'll be reading the tea leaves for future implications.

Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling.   Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either. Here are three key questions with some initial thoughts: What is the direct legal impact of the ruling?  This was really […]

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Breaking News: U.S. Supreme Court Renders Split Decision in Major Climate Change Case

The U.S. Supreme Court today issued its long-awaited decision in Utility Air Regulatory Group v. Environmental Protection Agency, the justices’ third encounter with climate change law and policy.  In a Solomonic ruling, the Court ruled that EPA lacks authority to require the operators of “stationary sources” of greenhouse gas emissions (power plants, factories, etc.) to obtain […]

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A Bailout By Any Other Name…

Weak environmental laws are another form of bailouts for private industry

Bailouts – the payment of public funds or resources to rescue or support a private enterprise – are politically very unpopular. The primary challenger who defeated Republican House Majority Leader Eric Cantor in Virginia excoriated Cantor for supporting big banks in the wake of the financial crisis. The bailout of banks after the crisis that […]

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