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 […]
Can 200 million viewers (and counting) be wrong?
Last Saturday evening, my research assistant (a wonderful JD student raised and educated in China) sent me a message: “This is a link to a documentary directed by Chai Jing (柴静). It has raised public concern about air pollution.” In perhaps the understatement of the year, she added: “Many Chinese people have been watching it.” […]
Black lung has been the underlying or contributing cause of death for more than 75,000 coal miners since 1968, according to NIOSH, the federal agency responsible for conducting research on work-related diseases and injuries. Since 1970, the Department of Labor has paid over $44 billion in benefits to miners totally disabled by respiratory diseases (or […]
The rapid fall in oil prices seems to have taken everyone by surprise. I’ve noted before that it puts the viability of the Keystone XL project in doubt. But its other effects are worth considering. Overall, the fall in prices should have a beneficial effect on the U.S. economy. Since gasoline is cheaper, people can […]
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 […]
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 […]