Regulatory Policy

Utility Air Regulatory Group v. EPA: Another Take on the SCOTUS Oral Argument

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Decision favoring EPA seems likely

The venerable pastime of U.S. Supreme Court-watching always involves divergent opinions that, as Rick Frank noted, all should be taken with a grain (or even a pound) of salt. The outcome of Utility Air Regulatory Group v. EPA is decidedly uncertain, but I left the oral argument yesterday more optimistic than my Legal Planet colleague. […]

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Deconstructing Today’s U.S. Supreme Court Arguments in Utility Air Regulatory Group

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The EPA Could Well Lose This Challenge to Its Greenhouse Gas Reduction Efforts

The Supreme Court heard oral arguments today in the most important environmental law case of the current Term: Utility Air Regulatory Group v. Environmental Protection Agency. Based on those arguments–and, more importantly, the justices’ questions and comments–it appears that EPA’s efforts to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s […]

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Peering Behind OIRA’s Veil of Secrecy

OIRA Deputy

OIRA is staffed by under-trained, over-worked short-termers.

OIRA is an agency whose functions are as mysterious to most people as its name.  It doesn’t help much to learn that OIRA stands for Office of Information and Regulatory Affairs.  The phrase “regulatory czars” is more informative.  OIRA runs the federal government’s regulatory process.  Although agencies like EPA are required to have a lot […]

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Berkeley Law Amicus Brief Highlights Benefits of Transit-Oriented Development

San Diego 805 Freeway

Smart growth alternatives would help end the vicious cycle of highway expansion and housing sprawl in San Diego region

Berkeley Law’s Center for Law, Energy & the Environment (CLEE) filed an amicus brief last week in a California Court of Appeal case with far-reaching implications for development, transportation, and California’s climate goals. The case, Cleveland National Forest Foundation v. San Diego Association of Governments (SANDAG), challenges the State’s first Regional Transportation Plan/Sustainable Communities Strategy […]

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How Legalizing Marijuana Could Help Fight Climate Change

06102009-grow_house

The link between indoor grow operations and energy data

Now that the two states that just legalized marijuana sent their football teams to the Superbowl this year, it’s clear that the stars are aligning for legalizing marijuana nationwide. Sure, legalizing marijuana makes fiscal, moral, and practical sense, but what about the benefits to the environment? Well, it turns out that even the fight against […]

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Emmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District

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UCLA’s Emmett Center filed an amicus curiae brief yesterday  in Utility Air Regulatory Group (UARG)  v. EPA, the U.S. Supreme Court case that will determine whether EPA’s greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid.   Arguing on behalf of the South Coast Air Quality […]

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An Ounce of Prevention

BenFranklinDuplessis

Can inherently safer technology save us from chemical accidents and terrorists?

As Benjamin Franklin famously said, “an ounce of prevention is worth a pound of cure.”  Franklin’s comment, originally made in reference to home fire safety, is characteristically timeless.  Today, many are looking to the principle of prevention as a way to reduce the incidence and severity of chemical plant disasters. The threat of chemical disaster […]

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Ten Energy Stories to Watch in 2014

2014

What will shake the energy world this year?

In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking […]

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The Food Safety Paradox

mr yuck

As Tom McGarity documents in his recent book, Freedom to Harm, the American food safety system is in disarray.  You’d think we’d all be wiped out by food poisoning.  Yet, the rate of sickness caused by bad food seems to have remained constant since the mid-nineties.  What’s going on? McGarity and others are right about the […]

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