What will the Republicans do if they take control of the Senate? Will this be Armageddon for Obama’s environmental policies, as both Democrats and Republicans insist? The truth is likely to be less dramatic, though still bad from an environmental perspective. Greenwire had a very interesting piece about that on Friday. Both Republican and Democratic […]
Pollution & Health
New JAH Article Points to Labor Support of Environmental Justice
Traditional histories of the environmental movement consider it to be a middle-class or upper-middle-class concern, removed from the grittier kitchen table issues of concern to working people. Not so, says Josiah Rector, in an article in the new Journal of American History, entitled “Environmental Justice at Work: The UAW, the War on cancer, and the Right […]
Other Single-Use Shopping Bags Also Restricted Under New Law
California has become the first state in the nation to ban major retail stores from providing single-use carryout plastic bags to their customers. The new legislation similarly prohibits stores from selling or distributing recycled paper bags unless the store makes such bags available for purchase for no less than 10 cents per bag. The new law, […]
The environmental stakes are high in the Hawkeye State.
Iowa is a state where the Republican and Democratic candidates have starkly different views about the environment. Joni Ernst, the Republican Senatorial candidate in Iowa, is staunchly anti-environmental. In one of the Republican debates, she had this to say: Another area that we need to look at is the Environmental Protection Agency. When we talk […]
Electric vehicle pioneer to announce its siting decision today
Some California environmentalists may be celebrating now that Tesla has apparently decided to build its $5 billion “gigafactory” in Nevada instead of California. Lawmakers here had toyed with the idea of weakening the state’s signature environmental law, the California Environmental Quality Act (CEQA), to help expedite review on the factory and therefore encourage Tesla to […]
Will UARG Persuade the Supreme Court to Overturn New Air Quality Standards?
“UARG” sounds like the name of a monster in a children’s book or maybe some kind of strangled exclamation. But it actually stands for Utility Air Regulatory Group, which represents utility companies in litigation. UARG did well in two important Supreme Court cases last year, winning part of the case it brought against EPA climate change […]
Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?
I often tell students in my Climate Change Law and Policy course that adaptation–that is, how we can best adapt to the unavoidable impacts of climate change–is the poor stepchild of the debate over greenhouse gas emissions and climate change. By that I mean that climate change mitigation (i.e., how to reduce greenhouse gas emissions) generates far more […]
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 […]
D.C. Circuit upholds Enhanced Coordination Process, refuses to review agency guidance
The D.C. Circuit has rejected a challenge to consultation procedures developed by the EPA and Corps of Engineers for reviewing mountaintop removal mining permits and to EPA’s guidance for reviewing permits issued by the Corps or state permitting agencies. Because it rests on standard administrative law, the decision shouldn’t merit comment. But it does, because […]
Will the Justices Choose to Decide the LCFS's Constitutionality?
You might think that the U.S. Supreme Court, having decided the Utility Air Regulatory Group v. EPA Clean Air Act case on Monday, was done for the current Term when it comes to environmental law and policy. Think again. Today the justices met in conference to decide whether to grant review in a large number of pending […]