Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of National Parks Groups
Last week, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to eliminate California’s authority to apply its own automobile emission standards under the Clean Air Act. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) …CONTINUE READING
The Court’s ruling could have important implications for environmental cases.
The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important implications for administrative law — and for environmental law cases in particular. Here are three main takeaways. Requiring Reasoned Explanation. Chief Justice John Roberts reinforced the principle that …CONTINUE READING
The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.
After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards. This isn’t the only environmental rollback action the administration is planning to take during the coming …CONTINUE READING
EPA May Roll Back Car Standards Next Week
The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff to release a finalized rule rolling back greenhouse gas emissions/fuel economy standards for cars. These EPA staff are for the most part working from home with …CONTINUE READING
The Support of Toyota and Other Manufacturers for the Trump Administration’s Policy Rollbacks Shows the Need to Confront Corporate Decisionmaking on Energy and Climate
As Cara Horowitz and Idalmis Vaquero discussed in their blog posts, the true highlight of COP 25 has been the numerous youth and indigenous interventions, actions, and disruptions. After spending four days at the COP, I came away from the events surprised by the level of corporate visibility and greenwashing in the side events, but …CONTINUE READING
Automakers might get a federal “one national standard”…just not the one they seem interested in.
The Wall Street Journal reported today that the Trump administration will move to finalize its rollback of federal fuel economy and greenhouse gas emissions standards by the end of the year, and that, unlike the freeze previously proposed by the administration, the rule will require annual fuel economy improvements of 1.5 percent. That’s still much …CONTINUE READING
Toyota’s Defense of Its Choice to Support the Trump Administration’s Auto Standards Rollback Rings Hollow
Sadly, Toyota Has Ceded Its Place As the Industry’s Environmental Leader
My colleagues Ann, Cara, Julia, and Rick have all written about various aspects of the decision by General Motors, Toyota, and other automobile manufacturers to side with the Trump administration as it tries to prevent California from setting its own greenhouse gas emission standards. The administration is implementing this rollback in tandem with a federal …CONTINUE READING
The waiver preemption lawsuit isn’t about one national fuel economy standard.
As Ann wrote yesterday, the Association of Global Automakers and the auto companies General Motors, Toyota, and Fiat Chrysler have stated their intent to intervene in pending litigation challenging the Trump administration’s rule to preempt California’s Advanced Clean Cars program, and any future tailpipe greenhouse gas (GHG) emissions standards the state and others might seek …CONTINUE READING
The answer may lie in the electric vehicle investments the industry is busy making
As we move ever deeper into an all-out legal war between California and the Trump Administration over rollbacks of automobile emissions standards (something Ann, Cara, and Julia have been covering very well), I want to explore in a little more depth why the automakers have been so resistant to Trump’s rollback efforts. The auto industry …CONTINUE READING
First lawsuit filed, more to come
California didn’t wait long to file its first court challenge to the rules just finalized by the Trump Administration related to California’s GHG and ZEV car emissions standards (discussed here and here by Julia and Ann). Here’s the complaint filed by California together with 23 other states, along with the cities of LA and NY. …CONTINUE READING