Federal Climate Policy

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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How Scalia Might Have Ended the Best Hope of Killing EPA’s Greenhouse Gas Rules

The Supreme Court may have just eliminated a major legal and political risk to EPA's greenhouse gas regulatory program

A couple of folks have already written about the UARG decision, and there is surely more to understand about the implications of the Scalia majority decision for future EPA greenhouse gas regulatory efforts. But I want to highlight one key implication of the decision for EPA’s overall greenhouse gas regulatory program. First, it is important […]

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Today’s Supreme Court Ruling: Three Key Questions

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Direct implications are limited, but we'll be reading the tea leaves for future implications.

Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling.   Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either. Here are three key questions with some initial thoughts: What is the direct legal impact of the ruling?  This was really […]

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Breaking News: U.S. Supreme Court Renders Split Decision in Major Climate Change Case

The U.S. Supreme Court today issued its long-awaited decision in Utility Air Regulatory Group v. Environmental Protection Agency, the justices’ third encounter with climate change law and policy.  In a Solomonic ruling, the Court ruled that EPA lacks authority to require the operators of “stationary sources” of greenhouse gas emissions (power plants, factories, etc.) to obtain […]

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The 2014 Midterm Elections and the EPA Greenhouse Gas Rule

Why Republicans probably won't be able to eliminate the EPA rules before 2016

I wrote earlier about why the 2016 Presidential election will be the election that matters (politically) for the long-term success of the new greenhouse gas rules proposed by EPA.  (The status of legal challenges is a different question.)  I want to elaborate a little more now about why the 2014 midterm elections are pretty much […]

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Compiled Resources on the “Clean Power Plan” Proposed §111(d) Rule

All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses

Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a 120-day public comment period that will close on October 16, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation […]

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UARG Decision — Due Any Day Now — Should Not Undermine the Legality of CAA Section 111d Rules

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Case involves statutory interpretation questions not relevant to power plant rules

The U.S. Supreme Court should issue a decision in Utility Air Regulatory Group (UARG) v. EPA very soon, perhaps as early as Monday (the Court typically issues its opinions on Mondays and Thursdays at 10:00 a.m. EST).  The case involves an important set of regulations designed to regulate greenhouse gases from large new “sources” (industrial facilities, chemical […]

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PART IV – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

Electricalgrid

The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.

This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. […]

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PART III – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This is the third in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See the first and second posts.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. What […]

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