Yoga Instructors Bend Coal Industry Out of Shape
Administration's New Plan Will Do Nothing for Jobs
What could yoga tell us about the Administration's Orwellian "Affordable Clean Energy" Plan, which my colleagues have eviscerated, and whose name resembles the Holy Roman Empire? Lots, actually: in particular, that it relies upon a false promise of job creation. An important piece last year by Christopher Ingraham of the Washington Post detailed just how small the coal industry figures in the economic life of the nation. According to the Bureau of Labor Statistic...
CONTINUE READINGWhen Republicans Fought for a Clean Environment
Environmentalism Used to Be a Bipartisan Issue
It is not unreasonable and overly rigid environmental regulations and restrictions that stand in the way of the expanded use of the nation’s coal reserves. It is the reluctance, and at times the refusal, to recognize the very serious health hazards and environmental, social and cultural impacts associated with a rapid rise in coal use. These are the words of a Republican, Russell Train. Train served as the country's second EPA administrator, after William Ruckelshaus,...
CONTINUE READINGWhat is the role of CEQA in California’s housing crisis?
Ongoing research suggests that CEQA is more a symptom than the cause of the problem.
This blog post was authored by Moira O’Neill, Giulia Gualco-Nelson, and Eric Biber. Discussions about what laws and regulations might drive up housing costs continue in California. One reoccurring theme in the media is the question of whether the California Environmental Quality Act (CEQA) significantly contributes to the housing crisis in California by either driving up the cost of housing development or stopping residential development altogether. Because this is ...
CONTINUE READINGA Loss for Trump — and for Coal
Trump Administration Loses Yet Another Environmental Case
Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump Administration's token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump Administration and invalidated key parts of a rule dealing with coal-ash disposal as being too weak. That rule had originally come from the Obama Administration, and the court agreed with envi...
CONTINUE READINGEPA Makes a Pit Stop at the “Chevron” Station
EPA's latest proposed rollback relies heavily on the Chevron Doctrine.
The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws. I’d like instead to talk about its legal basis. In particular, I’d like to talk about how much the rule seems to rely on the Chevron doctrine, a judici...
CONTINUE READINGDoes California need “Trump insurance”?
State legislature nears decision time over SB 49, which could protect California against federal environmental rollbacks
This Sacramento Bee article is remarkable in describing how aggressively the Trump Administration is now going after California’s efforts to protect the state’s natural resources, including its water resources (see also this LA Times article). Interior Secretary Zinke is demanding that his agency look for ways to override California water law and force more water to be distributed to farmers, at the expense of the state’s rivers and fisheries. This follows on o...
CONTINUE READINGThe Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)
Important pre-construction environmental review for power plant modifications at risk
Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy & Commerce Committee to take it up. Now, EPA has baked a very similar proposal into their Clean Power Plan replacement. This...
CONTINUE READINGThe Costs, Benefits, and Health Impacts of EPA’s Proposed Replacement for the Clean Power Plan
EPA's New Proposed Rule Will Cost Billions of Dollars, Largely in Health Impacts and Avoidable Mortality
As my colleagues Cara Horowitz and Meredith Hankins, and others, including the New York Times, have reported, the Trump EPA today proposed a replacement rule for the Clean Power Plan, which was a plan to transform our electrical grid away from coal (with associated health and climate benefits). The essence of the new proposal is to replace the Clean Power Plan, which required a shift in grid power away from coal, to a new plan that looks, on a plant-by-plant basis, to ...
CONTINUE READINGOne State, Two States, Red States, Blue States: Federalism Hypocrisy in Trump’s EPA
Regulatory approaches for vehicles versus power plants show the Trump White House’s true motivation - and it’s not states’ rights.
As my colleague Cara Horowitz has already blogged, the Trump EPA is preparing to announce a Clean Power Plan replacement today, rolling back Obama-era efforts to regulate greenhouse gas emissions from existing power plants. The plan is expected to largely shift the regulatory burden to states, essentially leaving it up to them to decide whether and how stringently to regulate. Draft talking points leaked to E&E News argue for broad deference to states, since they “...
CONTINUE READINGEPA to Propose Replacing Clean Power Plan with Something Much, Much Weaker
It may not be legal, and grid experts say it's certainly not good policy
Over the weekend, the New York Times reported that EPA will soon release its proposal for replacing the Clean Power Plan, sharing some leaked details. Here's a quick reaction. As a reminder, the Clean Power Plan is the regulation enacted by EPA, under President Obama, to limit emissions of carbon dioxide from existing fossil-fuel-fired power plants. It was, and remains, the only significant federal regulation that directly limits carbon dioxide pollution from th...
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