Climate Change

EPA to Propose Replacing Clean Power Plan with Something Much, Much Weaker

It may not be legal, and grid experts say it’s certainly not good policy

Over the weekend, the New York Times reported that EPA will soon release its proposal for replacing the Clean Power Plan, sharing some leaked details. Here’s a quick reaction. As a reminder, the Clean Power Plan is the regulation enacted by EPA, under President Obama, to limit emissions of carbon dioxide from existing fossil-fuel-fired power […]

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Green Groups and Corporate Sustainability

Environmental NGOs sometimes partner with business, sometimes administer “tough love.”

Much of what environmental groups do involves the government: lobbying Congress, participating in rulemakings, and suing when all else fails. But there is also an interesting story to be told of how these groups relate to the corporate world. Sometimes they play the good cop, forming partnership with companies; sometimes the bad cop, trashing the […]

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Is FEMA Ready For a Tumultuous Future?

FEMA has a lot of work to do to get up to the mark on disaster response and risk mitigation.

We face a future of increasing peril from disasters. One reason is climate change; another is that more people live in coastal areas where risks are especially high.We’re currently seeing the results of climate change in the California fires, and we saw both factors at work in last year’s flooding in Houston after Hurricane Harvey. […]

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NYC’s Cap on Uber and Lyft Is an Important Step for Cities

A temporary pause to identify regulatory solutions to social and environmental impacts

Last week, the New York City Council enacted a temporary cap on Uber, Lyft and other transportation network company (TNC) vehicles in the city, blocking the issuance of new vehicle licenses for a 12-month period while the city conducts a study to determine whether to enact long-term regulations limiting the number of TNC vehicles on […]

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Secretary Zinke Misleads the Public About Wildfires and Federal Public Land Management

Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”

Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West.  Zinke’s op-ed is disingenuous, […]

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How Would a Justice Kavanaugh Approach Environmental Cases?

Reflections From a Review of Kavanaugh’s D.C. Circuit Opinions

As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court.  I’m adding here a few thoughts to the many […]

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Watered Down Standards at the TRUMP CAFÉ

Here are the FAQs about Trump’s proposed rollback.

Trump is proposing to gut CO2 standards for cars, freezing 2020 CAFE fuel-efficiency standards in place for years to come.  Without the freeze, the standards would automatically ramp up. He also wants to eliminate California’s ability to set its own standards, which many other states have opted to adopt. Here are seven key questions about […]

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Trump administration and California are on collision course over vehicle emissions rules

Meredith Hankins and Nicholas Bryner co-author legal explainer for The Conversation

California and the Trump administration are going different directions on mileage standards. AP Photo/Rich Pedroncelli Meredith Hankins, University of California, Los Angeles and Nicholas Bryner, Louisiana State University The Trump administration on Aug. 2 formally announced a proposal to freeze fuel economy standards and tailpipe emission standards for new cars. In addition, it is proposing […]

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The Trump Administration Just Released Its Proposal to Eviscerate Car Standards, Revoke California Authority

The Legal Grounds For Doing So Are Dubious At Best

As expected, the Trump Administration has released its proposal that recommends freezing combined fuel efficiency and greenhouse gas standards at 2020 levels for model years 2021-2025.  The proposal also recommends revoking the waiver EPA granted California in 2013 to issue its own greenhouse gas emissions standards and to continue the state’s program to gradually increase […]

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Careful what you wish for…

How Trump’s efforts to rollback national monuments might backfire

We have posted repeatedly here on Legal Planet on the Trump Administration’s efforts to rollback national monument designations made by prior administrations.  Litigation over those efforts is still ongoing (and likely will be for a long time).  However, I want to note some of the implications if the Administration should succeed in convincing the courts […]

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