Region: National

Who Is Anne Idsal?

Bill Wehrum steps down as Assistant Administrator of EPA’s Office of Air and Radiation.

This morning, EPA Administrator Andrew Wheeler announced that Assistant Administrator Bill Wehrum will be stepping down at the end of this month. The language of EPA’s press release seems intended to suggest that the departure was voluntary, but the resignation comes amid ongoing scrutiny about the Assistant Administrator’s connections to a number of industry clients …

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Helping Repair Our Broken Governance System

Our institutions have been battered. How will we be able to fix them?

Much of Trump’s damage to the environment is obvious: his efforts to increase gas and oil production, his regulatory rollbacks, and his efforts to gut the agencies charged with protecting the environment. But he has also done deeper damage to the institutions we need to address climate change and other daunting environmental challenges. These problems …

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Supreme Court Takes a Knick Out of Regulatory Takings Law

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

  In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott.  By a narrow 5-4 vote that split …

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Guest Blogger Nick Bryner: Cooking the Books While Cooking the Planet: A First Look at the EPA’s ACE Rule

Final Rule Changes Baseline Assumptions & Approach to Cost-Benefit Analysis in Attempt to Justify Weak Standards

Yesterday, the Trump EPA released its long-awaited response to the Obama-era Clean Power Plan. At first glance, the final rule has been carefully crafted in an attempt to avoid several glaring legal vulnerabilities of the rule—and to obscure the obvious inadequacy of the Administration’s response to climate change. The EPA has found many contradictory ways …

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The Forgotten Environmental Legacy of Jimmy Carter

Carter saved millions of acres of wilderness, signed the Superfund law, and began the renewables revolution.

Many people today know Jimmy Carter as an ex-President who has strongly advocated for human rights. His Presidency is probably best remembered for the Iranian Hostage crisis. His post-presidential career was at least as notable as his time in the White House. Historians find his presidency flawed by micro-management and lack of rapport with the …

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The evolving law of state protection of environmental resources on federal lands

Recent cases may expand the scope of states to protect environmental resources on federal public lands

One theme in environmental law and policy over the past two years has been an increasing conflict between states and the federal government – with a range of states (particularly those with Democratic governors and legislatures) challenging the federal government on environmental matters and seeking to be more aggressive in protecting the environment. One flashpoint …

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New Report: Increasing Energy Efficiency at Low-Income Multifamily Properties

Join Berkeley/UCLA Law expert webinar Thursday at 10am to discuss top findings

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Putting the Squeeze on Coal

It’s not enough to eliminate coal-fired plants. We have to cut back on coal production and sale.

Coal use by American utilities has declined sharply and will continue to decline. But we shouldn’t focus solely on U.S. emissions. But the industry also exports coal, and there’s been a big surge in coal exports in the past two years, much of it involving India. So it’s not enough to curtail coal use in …

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Understanding the Green Energy Transition: A Conversation with David Spence about  EnergyTradeoffs.com

Wind turbine installation in Colorado. Photo credit: Dennis Schroeder, NREL

UCLA Professor of Law and Legal Planet contributor William Boyd recently interviewed David Spence of the University of Texas School of Law about EnergyTradeoffs.com, a new web site that explores some under-discussed aspects of the green energy transition. BOYD: Tell me about EnergyTradeoffs.com. Why this web site and why now? SPENCE: EnergyTradeoffs.com is aimed at …

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Pollution Bursts and Public Health

EPA needs to give much more serious thought to controlling bursts of pollution.

When a facility installs and operates the required pollution control equipment, we normally think of the pollution problem as solved. But there still may be bursts of pollution associated with start-up, shut-down, accidents or external events.  A recent study of pollution in Texas shows that these events have substantial health impacts, involving significant deaths and …

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