Clean Air Act

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution.  Like most observers, I was puzzled that the Court was bothering with the case before the D.C. Circuit even had a chance to consider the merits of the challenges. Months later, the Court has finally …

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The Ten Most Important U.S. Environmental Laws

An image of the U.S. Capitol Building in the evening.

Some of the choices may surprise you.

What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.

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EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

The release of Biden’s new climate regulations for power plants will unleash a maelstrom of legal and political battles. One key question: Will the Supreme Court short circuit the litigation process by staying the rules.

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

In West Virginia v. EPA, the Supreme Court struck down the Obama-era Clean Power Plan.  The heart of the ruling was that EPA had engaged in a power grab, basing an unprecedented expansion of its regulatory authority on an obscure provision of the statute.  Conservative groups have claimed since then that virtually every government regulation …

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America’s Leading Environmental Court

Hint: It’s in the southernmost state.  Which is not Florida.

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention.   It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in …

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Interstate Pollution and the Supreme Court’s “Shadow Docket”

The Court considers whether to stay an EPA plan in light of changed circumstances.

Later this month, the Supreme Court will hear oral argument about whether to stay a plan issued by EPA to limit upwind states from creating ozone pollution that impacts other states.  As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than …

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The U.S. Supreme Court & Environmental Law in 2024

Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year

As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year.  It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …

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The Mystery of the Missing Stay Order

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

The steel industry applied for Supreme Court intervention on what they claimed was an urgent issue of vast national importance. Chief Justice Roberts requested an immediate government response. That was six weeks ago.  Since then . . . crickets. No doubt you’re on the edge of your seat, wondering about the impending crisis facing the …

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Evolving Air Quality Standards

The standards have gotten tougher. Compliance still lags.

The goal of the Clean Air Act is to achieve national ambient air quality standards (NAAQS), with the primary requirement being protection of public health. As our understanding of the health effects of air pollution has improved, there has been a general trend toward tightening the standards. However, it’s very hard to keep track of …

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Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

A leading environmental lawyer gives his perspective.

Transportation is now the source of 28% of U.S. greenhouse gas emissions, more than the electric power sector. The transportation sector is also a substantial source of nitrogen oxides and particulates, both of which are dangerous to human health.  The Biden Administration has taken important regulatory actions bearing on these problems, with others in the …

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