A Very Bad House Vehicle Pollution Bill
The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining
It can be hard to keep track amid all the hair-raising developments in Congress and at the Supreme Court, but last week, a group of House Republicans led by Roger Williams of Texas introduced the Fuel Emissions Freedom Act, hot on the heels of the purported (illegal) termination of California’s vehicle emissions standard waiver. This freedom-to-pollute bill would: Repeal federal authority to regulate automobile emissions (held by the Environmental Protection Agen...
CONTINUE READINGDon’t Panic About the Supreme Court’s Ruling on Universal Injunctions
The Court left open a variety of workarounds. At least for the now.
In a case involving birthright citizenship, Trump v. CASA, the Court limited the power of judges to issue universal injunctions that protect everyone subject to an illegal government policy. President Trump hailed this outcome as a great victory, and it does provide more maneuvering room for him and future presidents. But the Court’s reasoning does not directly implicate most judicial rulings about the legality of regulations. The Court also left open some importan...
CONTINUE READINGThe Quiet Erosion of Federal Legal Internships
Guest Contributor Emma Rose Shore, a UCLA Law student, reflects on the current administration’s attack on civil servants and the cancellation of summer internships.
One morning last October, I got really exciting news. After an interview with a senior attorney at the Environmental Protection Agency’s Office of Enforcement and Compliance, I was offered a position in the National Environmental Training Institute’s Summer Honors Program (NETI). My giddiness must have been obvious, because the interviewer asked if I wanted to have a mini dance party to celebrate on the Zoom (of course I did). Her enthusiasm for the program and be...
CONTINUE READINGThoughts on AB 131
Overall a good bill, but the definition of natural and protected lands is inadequate
Governor Newsom is pushing for CEQA reform as part of approval of the state budget, and the result is two budget trailer bills, AB 130 and AB 131, that together provide some of the most significant changes to CEQA in many years. Overall, these are good bills. The changes are focused on facilitating development where it is on net beneficial to the environment, and not in places where it would harm important natural resources. The facilitation of urban infill in AB ...
CONTINUE READINGHow To Botch A CEQA Analysis
LA Metro's draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.
If you are from Los Angeles, you will get this. Q: What’s the best thing about the 405? A: Free parking. The 405 is the highway that runs down the west side of metropolitan Los Angeles, connecting the San Fernando Valley to west Los Angeles, down through the South Bay and into Orange County. Even by Los Angeles standards, it’s a nightmare. The trouble is that there is no real transit option. You can get across the Valley on rapid bus, and starting in ...
CONTINUE READINGThe Emperor’s New Endangerment Theory (Wrap-Up)
Trump's EPA says carbon emissions from U.S. power plants are too insignificant to regulate.
U.S. power plants emit 1.5 billion tons of carbon dioxide a year, a little less than the entire country of Russia. The Trump Administration is proposing to end all regulation of carbon emissions by power plants, on the theory that these emissions should be considered insignificant. There are two parts to EPA's argument: first, that the statute requires EPA to make a finding that those specific emissions cause significant harm, and second that the emissions are actually...
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part III)
How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren't significant? Well might you ask.
EPA has managed to come to the conclusion that carbon emissions from the power sector do not significantly contribute to climate change. No, I'm serious -- even though power plants emit a billion-and-half tons of CO2 a year (a quarter of all U.S. emissions), EPA's solemn conclusion is that they're no biggie. My prior posts (here and here) show how EPA's new endangerment requirement makes little sense given the language of the Clean Air Act and EPA's prior implementa...
CONTINUE READINGWhat Have We Learned About Rebuilding from Fire?
Woolsey Fire survivors reflect on the rebuilding process and what might help rebuild more resiliently after the January fires.
When I first met Nicole Fisher in 2019, her property in the Santa Monica Mountains was nothing but a driveway and a pile of cement. I was interviewing the art teacher for a radio story about her family’s plans to rebuild after the 2018 Woolsey Fire that destroyed her home and hundreds of others in Malibu. At that time, Malibu was still reeling. As we talked, her dogs ran circles around the property, like they were searching for their missing house. Six ye...
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part II)
To justify a decision not to regulate CO2 from power plants, EPA had to twist statutory language beyond all recognition.
According to EPA, carbon emissions from the U.S. power sector are too insignificant to warrant regulation. This is a bizarre conclusion: U.S. power sector’s emissions are around 6.5 billion tons, just below Russia’s total emissions from all sectors. Before making this "insignificance" finding, EPA first had to offer a novel reading of the Clean Air Act (CAA). EPA says that before it could properly regulate those emissions, it would first have to make a formal fin...
CONTINUE READINGThe “Big Beautiful Bill” is One Damn Dirty Deal
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
My family is about to take a road trip. Out our window we will see beaches, lakes, and a whole lot of public land that would be eligible to be sold off to developers and corporations under the recent version of a budget bill that Republicans want to rush through this week. Welcome to The Drain, a weekly roundup of environmental and climate news. Subscribe to the newsletter here. There are many unpopular ideas in the Republicans’ mega bill, known officially a...
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