Clean Air Act
Drive a Stake Through Ethanol’s Heart!
Okay, that’s even worse than a mixed metaphor: that’s a Friedmanism. But it still applies today. Reuters reports: Two U.S. governors asked the United States government on Tuesday to waive this year’s mandate for making ethanol from corn, adding pressure on it to relieve meat producers from high corn prices spurred by the worst drought …
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CONTINUE READINGDon’t Knock EPA’s Knack for NAAQS
On Tuesday, the D.C. Circuit decided American Petroleum Institute (API) v. EPA, an interesting case dealing with nitrogen oxide (NO2) levels. The standard is supposed to include a margin of safety.Under the Clean Air Act, EPA sets National Ambient Air Quality Standards (NAAQS) for airborne substances that endanger human health or welfare. EPA set such …
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CONTINUE READINGConditional Spending and the Clean Air Act
Ann suggests that Chief Justice Roberts’ opinion today in Sebelius might open up the Clean Air Act to new challenges. That seems right, but it also seems to me that there are two key differences between Medicaid and the CAA/Highway Spending nexus. 1) Medicaid is an entitlement program; in other words, federal money flows more …
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CONTINUE READINGAnother (Mostly) Uninformed Post About the Health Care Cases and Environmental Law
I’ve only skimmed the opinion (National Federation of Independent Businesses v. Sebelius) but so far don’t think the Court’s holding that the health care law’s individual mandate violates the Commerce Clause will have any real effect on environmental law. The Court’s decision is concerned with whether Congress can require someone previously unengaged in commerce — …
CONTINUE READINGDC Circuit’s Unanimous Decision to Uphold Greenhouse Gas Rules Across the Board Major Victory for EPA
As Dan just noted, the U.S. Court of Appeals for the D.C. Circuit — in a unanimous decision — handed the U.S. EPA a sweeping victory in upholding across the board four separate components of the agency’s rules to regulate greenhouse gas emissions. The opinion can be found here. A little background is in order …
CONTINUE READINGOut With the Old, In With the New
A recent GAO report pulls together a lot of information about electricity generators, which shows how much of our air pollution problems are due to aging plants: Older electricity generating units—those that began operating in or before 1978—provided 45 percent of electricity from fossil fuel units in 2010 but produced a disproportionate share of emissions, …
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CONTINUE READINGNew journal issue on using the Clean Air Act to address greenhouse gas emissions
UCLA’s Journal of Environmental Law and Policy has just published its current issue, Volume 30, with all its content available free online in pdf format. This volume is a special symposium issue, featuring articles relating to the use of the Clean Air Act to address greenhouse gas emissions. Several of the articles’ authors were speakers …
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CONTINUE READINGThe Supreme Court Strikes Down the Clean Air Act
Not, not really. Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law. I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …
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CONTINUE READINGPollution markets haven’t stimulated innovation
One of the early claims in favor of a cap-and-trade approach to pollution control, as opposed to traditional command-and-control innovation, was that market incentives would better encourage innovation in pollution control techniques and technologies. On the other hand, legal scholars such as David Driesen have long contended that pollution markets can actually reduce innovation incentives. …
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CONTINUE READINGEPA Unveils Carbon Standard for New Power Plants
This morning, U.S. EPA released its anticipated rule limiting carbon dioxide emissions from new power plants. The proposed Carbon Pollution Standard for New Power Plants under Section 111 of the Clean Air Act purports to set national limits on the amount of carbon pollution new power plants can emit. Today we’re taking a common-sense step …
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