Biden Administration
Cars, Smog, and EPA
Over the past fifty years, EPA has overseen incredible reductions in auto pollution.
This is part of an occasional series of posts about the evolution of pollution standards. Today’s subject is pollution control for new vehicles, which have been known to cause smog since the 1960s. The history of these pollution standards is quite distinctive. At the high temperatures in internal combustion engines, some of the nitrogen in …
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CONTINUE READINGConstraints on Rollbacks
Regulations have some sticking power, even when the White House changes hands.
The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …
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CONTINUE READINGFinetuning the New NEPA Rules
CEQ’s proposal is good, but it could be made even better.
In Monday’s post, I praised the CEQ’s proposed new NEPA regulations. They should streamline the process without compromising protection of the environment or environmental justice. I do have some suggestions for improvement, however, which are detailed below. Beyond my specific suggestions, I also hope that CEQ would view the new NEPA regulations as the beginning …
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CONTINUE READINGRevamping the NEPA Process
The White House ‘s proposed regulations will streamline the process while still protecting the environment.
Early on Friday, the White House’s Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its NEPA regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities. The proposal is a clear improvement over both earlier versions: 1978 rules issued by the Carter …
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CONTINUE READINGSupreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …
CONTINUE READINGDo Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
In a very narrowly argued brief, the Administration calls for returning the cases to state court.
The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …
CONTINUE READINGWetlands Regulation in the Political Swamp
The Congressional Review Act remains bad for policy and worse for democratic deliberation.
Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule. …
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CONTINUE READINGThe Emergence of the Environmental Justice Movement
The environmental justice movement is now 40 years old. Its influence is only growing.
Dr. King died in 1968, and the Civil Rights Movement had already been a powerful national presence for well over a decade. Yet it was fourteen more years until environmental justice entered the national spotlight. Environmental justice issues first received widespread attention in 1982 when protests erupted over the construction of a new waste disposal …
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CONTINUE READING30 Years of U.S. Climate Policy
Here’s a timeline of the victories and defeats since 1992.
Thirty years ago, the United States joined the U.N. Framework Convention on Climate Change (UNFCCC). The decades since then have been a saga of victories and defeats for U.S. climate policy. Progress has been made under one President, only to be battered down by the next one. This to-and-fro is a sobering reminder of how …
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CONTINUE READINGThe Year Ahead
Here are the top ten environment and energy developments to watch for.
Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s quick rundown of what …
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