Region: National
Resources on the Clean Power Plan
and EPA’s Other Rulemakings under Clean Air Act § 111
On August 3rd, EPA released its long-awaited Clean Power Plan, which implements Clean Air Act § 111(d) to set the first-ever national standards for carbon emissions from existing fossil-fuel-fired power plants. The Clean Power Plan calculates reasonably achievable performance rates for existing coal, oil, and natural gas power plants across the country, and assigns an …
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CONTINUE READINGBuilding Climate Coalitions
A New Paper in Science Illuminates the Political Dynamics
Economists are used to evaluating policy instruments based on their economic effects. No surprise there. But a recent paper in Science argues that the political effects may be just as important. Perhaps it’s not a coincidence that three of the four authors are political scientists; the fourth is Eric Biber, a frequent contributor to this …
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CONTINUE READINGDisaster Law and Policy
A new textbook on the emerging field of Disaster Law.
I’m delighted to announce the publication of the third edition of Disaster Law and Policy. Although I might not normally use this blog to promote a new book, I’d like to think in this case this is more than just shameless self-promotion. That’s for two reasons: the lion’s share of the credit for the improvements …
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CONTINUE READINGAs Predicted, Premature Suit to Block Clean Power Plan Implementation Fails
Petitioners don’t meet standards for extraordinary writs
The case filed by 15 disgruntled states, led by West Virginia, seeking to block the implementation of the Clean Power Plan has been dismissed by the D. C. Circuit Court of Appeal as premature. Here’s an explanation of the legal and political basis for the lawsuit. As predicted when the states filed the lawsuit, …
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CONTINUE READINGThe Shadow Price of Carbon
Merging Cost-Benefit Analysis and Feasibility Analysis
The U.S. government has devoted a lot of time and effort to estimating the social cost of carbon. This is basically a standard exercise in cost-benefit analysis, following a familiar three-step process: 1. Impacts. Figure out the physical impacts of the emissions. This involves setting up some emissions scenarios and then running computer simulations to …
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CONTINUE READINGThe Top Ten Reasons Trump Should Endorse a Carbon Tax
A bold move, if Trump is brave enough to go there.
Not that he’s asked for my advice, but here are ten powerful reasons why Donald Trump should endorse a carbon tax: 10. It would be completely inconsistent with his past positions. 9. It would shock the GOP establishment. 8. It would shock the media. 7. He’s already endorsed a tax increase for …
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CONTINUE READINGGuess Who Benefits From Regulating Power Plants
The answer will surprise you.
What parts of the country benefit most from the series of new EPA rules addressing pollution from coal-fired power plants? The answer is not what you think. EPA does a thorough cost-benefit analysis of its regulations but the costs and benefits are aggregated at the national level. In a new paper, David Spence and David Adelman from the University …
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CONTINUE READINGDueling Laws and the Clean Power Plan
EPA has shifted its position toward more readily defensible ground.
One of the most serious legal challenges to EPA’s Clean Power Plan — and probably the only one that could completely derail it — involves an exceptionally abstruse legal issue. When Congress tried to amend an obscure part of the Clean Air Act, someone screwed and two different versions were included in the final law. That …
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CONTINUE READINGCoal States File Premature Petition to Block Clean Power Plan
AGs Sue For Tactical and Political Reasons Even Though Their Legal Case is a Loser
Attorneys General from 15 states, led by West Virginia, filed a petition in federal court yesterday to block the Clean Power Plan (CPP) from going into effect. The filing seems to be more tactical and political than a serious legal claim: the Environmental Protection Agency has yet to publish the rule in the Federal Register …
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CONTINUE READINGPolitics v. Legality and the Clean Power Plan
EPA’s Final Plan Changes State Targets, With New Winners and Losers
When the President released the final version of the Clean Power Plan last week, it contained a number of big alterations to the draft plan. One of the most significant changes was the way each state’s greenhouse gas emissions target was calculated. The bottom line is that — generally — states more heavily reliant on …
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