California preemption waiver

Can California Try Again with Vehicle Pollution Limits?

A new Sixth Circuit decision provides encouragement.

In May, Congress effectively killed the most recent efforts by California to clean up its vehicle fleet.  Although many people seem to have assumed the contrary, this may not be the end of the road for California regulators.  A new court of appeals decision is an encouraging signal that California may be able try again when the political forces in DC are less militantly anti-environmental.

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Congress Lacks Authority to Review California’s Car Waiver

It’s a complicated issue but the answer is clear: the Congressional Review Act does not apply.

States get many kinds of waivers from the federal government. For example, many states (including quite a few Red states) have received waivers from some Medicaid requirements. Overturning the EPA vehicle waiver would expose all state waivers to the risk of being overturned under the Congressional Review Act, contrary to the plain language of that statute.

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35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

In light of President Biden’s withdrawal from the 2024 presidential race yesterday, we thought it was appropriate to update this piece about the climate legacy of the Biden-Harris Administration. In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has …

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