Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.” Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it. But even in his home state, according to the Post, the Clean […]
The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.
Extraterritoriality is a weird, one might almost say alien, incursion into judicial doctrine under the dormant commerce clause doctrine. The DCC, as it’s familiarly called, prohibits discrimination against interstate commerce and undue burdens on that commerce. But industry has been attacking a wide range of state renewable energy laws under a doctrine relating to extraterritoriality. […]
The scientific evidence shows a clear link between injection wells and earthquakes. The legal consequences are less clear.
A recent study of injection wells and earthquakes got a lot of press, but the reports missed an important nuance. The study, published in the June 19 edition of Science, found a definite connection between well injection and earthquakes. But there was an interesting wrinkle: “The scientists found that disposal wells were 1.5 times more likely to […]
The opinion seems likely to have very limited repercussions.
In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have […]
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind […]
Sen. Bill Cassidy's Bill Would Ditch Wasteful Ethanol Subsidy
As readers of this page know, I am extremely fair and balanced: I criticize each party if it does something wrong, and praise each if it does something right. If one of those parties happens to do wrong things close to all the time, well, that’s not my fault. But let us now praise a […]
Comparing the Mono Lake Committee with the Abalone Alliance
For several months now, I have been looking for a good comparison case to the Mono Lake Committee, whose work is one of the great success stories of the modern environmental movement. Why did the Mono Lake Committee succeed when other organizations failed? Lots of organizations had good causes and dedicated leaders: what made Mono […]
Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111
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 […]
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 […]