Region: National

Creating An Exit Strategy for Our Use of Natural Gas

To meet long-term greenhouse gas reduction goals, all fossil fuels have to go, even natural gas.

Coal is the climate’s Public Enemy #1. The use of natural gas has helped to ensure that the coal problem has not become even worse. Without natural gas, we would use more coal for space heating and for many more industrial processes than is currently the practice. Without natural gas, our reliance on coal for …

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Judge Garland Has a Strong Record of Environmental Protection

If Ever Confirmed, He’s a Good Bet to Uphold the Clean Power Plan

President Obama’s nomination to the U.S. Supreme Court, Judge Merrick Garland, has a record on the D.C. Circuit Court  that environmentalists should celebrate. He is almost always deferential to agency interpretations of statutes, including environmental ones (SCOTUSblog has a good summary of his record through 2010 on agency deference). When he has not deferred to …

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Trump vs. EPA

To combat the anti-environmentalism of his base, we need to stress public health issues.

Donald Trump wants to abolish EPA and leave environmental regulation to the states.  Given that many environmental problems cross state lines, it’s not clear how he thinks this would work.  But never mind that.  A more immediate problems is understanding why this position may appeal to his core voters. For candidates like Cruz, it’s not hard …

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The Supreme Court Vacancy and EPA’s Mercury Rule

The rule limiting toxic pollution from coal plants now has a rosier future.

Among the many ramifications of the current vacancy on the bench, its effect on the EPA’s mercury rule seems to have escaped much attention.  It may already have helped EPA defeat an effort by states to get a stay from Chief Justice Roberts.  But it has much broader significance. Some background: The Supreme Court, in a …

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Another California Regulatory Agency in Crisis: Southern California’s Air Quality Management District Fires Longtime Executive Officer

Barry Wallerstein’s Ouster from SCAQMD Signals Tilt Away from Protection of Public Health

In a move that shocked the environmental advocacy community and low-income communities of color that suffer most from the impacts of poor air quality in Los Angeles, the governing board of the South Coast Air Quality Management District fired its longtime executive officer Barry Wallerstein today, voting 7-6 in closed session to remove him from …

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Roberts Denies Mercury Stay

A state effort to suspend implementation fails.

Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule.  Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented.  But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open.  Fortunately, that …

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Environmental Enforcement in the Age of Trump

Is it time for a retributive turn in environmental law?

Many thought that the BP Oil Spill would lead to new environmental legislation, as happened after past environmental disasters.  That didn’t happen.  But something else did happen: BP paid $24 billion in civil and criminal penalties.   In an era where any effort at government regulation is immediately denounced as a dire threat to liberty, …

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Bernie Sanders’ Position on the Clean Power Plan

His proposals would require withdrawing the rule and would increase its legal vulnerability

In an interview with Grist last week, Presidential candidate Bernie Sanders provided details about his views on the Clean Power Plan, the Obama administration’s rule to reduce greenhouse gas emissions from existing power plants.  Sanders said two things of note: the first is that he would change the CPP to increase incentives for renewable fuels; the second …

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Unleashing the Lower Courts

Justice Scalia’s death greatly expands the maneuvering room for liberal judges.

There’s already been a lot written about how Justice Scalia’s untimely death will affect pending cases, not to mention speculation about the possible nominees to replace him.  Less attention has been given to the effect on the lower courts.  Yet Justice Scalia’s departure gives liberal judges in lower courts more freedom than they’ve had in …

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Lessons from Aliso Canyon, Part II

Leaks in Regulation

  Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …

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