air pollution regulation
Will the major questions doctrine block EPA’s proposed rules?
Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …CONTINUE READING
EPA’s cost estimate for its mercury rule was way, way off.
In describing cost-benefit analysis to students, I’ve often told them that the “cost” side of the equation is pretty simple. And it does seem simple: just get some engineers to figure out how industry can comply and run some spreadsheets of the costs. But this seemingly simple calculation turns out to be riddled with uncertainties, …CONTINUE READING
The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.
In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Last week, EPA rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA’s explanation for the rescission was …CONTINUE READING
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 …CONTINUE READING
When you look at the whole of his legacy, it’s a stunning record.
When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …CONTINUE READING
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 …CONTINUE READING
EPA has been accused of killing the coal industry by insanely over-regulating coal-fired power plants and factories. The facts are different. The Congressional Research Service is a reliable, non-partisan source of information. Here is what CRS says about the impact of the EPA rules: The primary impacts of many of the rules will largely be …CONTINUE READING