Air Quality

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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Compiled Resources on the “Clean Power Plan” Proposed §111(d) Rule

All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses

Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a 120-day public comment period that will close on October 16, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation […]

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PART IV – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

Electricalgrid

The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.

This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. […]

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PART III – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This is the third in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See the first and second posts.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. What […]

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PART II – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The second in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This post is the second in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See the first post here.) Over the course of this series of posts, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the […]

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EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions (PART I)

The first in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

As LegalPlanet reported earlier this week, EPA has released a proposed rule to regulate carbon dioxide (CO2) emissions from existing power plants under Clean Air Act § 111(d).  You can read the full text of the proposed rule here. The rule would have the overall effect of reducing CO2 emissions from existing power plants or “electric generating units” […]

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Obamacare’s lessons for the future of EPA’s CO2 rule

The survival of the greenhouse gas rule depends on how much people invest based on it

There has (rightly) been a lot of attention paid to the EPA proposed rule controlling greenhouse gas emissions from powerplants pursuant to Clean Air Act Section 111(d). All of that analysis – how effective the rule will be; how it will be implemented; the prospects for successful legal challenges to the rule – is important. […]

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Addressing Climate Change Without Legislation

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A new report from UC Berkeley looks at the underused powers of the US Department of the Interior.

Now that the Environmental Protection Agency has announced its proposed rules for restricting greenhouse gas emissions from existing power plants, the climate focus of EPA and the states will first be on polishing the rules for final approval, then on the anticipated law suits, and then on the development of state plans to meet the […]

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