Federal Climate Policy

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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U.S. Agricultural Policy, Climate Change, and Existing Legal Authority

USDA Report Cover

New research from Berkeley Law finds that the U.S. Department of Agriculture can act now to reduce greenhouse gas emissions

The U.S. Department of Agriculture (USDA) is much in the news these days, as it implements the massive and always-controversial farm bill, works to improve access to national forests, strives to enhance the U.S. position in international agriculture markets, and wrestles to contain this season’s extensive wildfire activity. What is less obvious to many is […]

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Mining for Votes In Coal States: Paul Ryan On Climate Change

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Whatever you think of his budget proposals, his climate views are irresponsible.

For years, Paul Krugman has been decrying Paul Ryan’s reputation as a reputable analyst of budget issues.  That’s not my area of expertise, and I’m agnostic on that issue.  But Ryan’s views about climate change don’t bespeak serious thought about the issues. The Christian Science Monitor reports that last Ryan spoke about climate change in […]

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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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Congressman Waxman Tells FERC: Read UC Berkeley’s Climate Change Study

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Henry Waxman urges FERC to act on greenhouse gas emissions.

In a Congressional hearing this morning, Congressman Henry Waxman had a rare chance to face all five sitting members of the Federal Energy Regulatory Commission (FERC) at the same time to talk about climate change. He took the opportunity to point out UC Berkeley’s recent report on FERC’s authority under existing law to reduce greenhouse […]

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General Permits and the Regulation of Greenhouse Gases

The Supreme Court ignored a major option for effective regulation

Author’s Note:  The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. It is also cross-posted at Reg Blog.  Reg Blog, supported by the U Penn Program on Regulation is an […]

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Does Scalia’s Opinion in Utility Air Regulatory Group v. EPA Help Protect the ACA?

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The UARG majority opinion says the context and overall structure of a statute help determine the meaning of statutory terms

The tax subsidies provided under the Affordable Care Act to pay for health insurance are, of course, the subject of significant press coverage since dueling federal appeals courts came to different conclusions about who receives them this week.   The D.C. Circuit Court of Appeals held, in a 2-1 decision called Harbig v. Burwell, that an […]

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The Federal Energy Regulatory Commission Can Do a Lot to Reduce Greenhouse Gas

FERC Cover - high resolution

A new report shows that FERC has extensive power to address climate change.

The U.S. Environmental Protection Agency (EPA) has captured the attention of the energy world with its proposed regulations to reduce greenhouse gas emissions from existing power plants – and for good reason. The EPA’s authority is broad and its resolve to address climate change is evident. But other federal agencies are in a position to […]

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How the Public Views Climate Action

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The public continues to support a federal action to address climate change.

A poll released last month probed American attitudes toward climate change.  The poll was released after the Obama Administration issued its proposed rules for existing power plants to loud cries of protest from industry.  The poll was conducted by Stanford University and Resources for the Future, a highly regarded think tank.  At the time, the […]

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