Air Quality

News from a Warming World

climate change

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 […]

Continue Reading

Larry Tribe Smacked Down by Professors Revesz, Freeman and Lazarus

tribe

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 […]

Continue Reading

On China’s Remarkable Viral Air Pollution Video

Climate Video

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.” […]

Continue Reading

Killer Coal

coal pollution image

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 […]

Continue Reading

The (Mostly Happy) Effects of Falling Oil Prices

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading