Clean Air Act
Pollution 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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CONTINUE READINGOne reason for anti-EPA riders
There’s been a lot of (appropriate) outrage over the efforts in the past year and a half by House Republicans to gut environmental protections through the use of appropriations riders. Those efforts might well continue in the next appropriations cycle, especially since bashing the EPA is apparently a popular election-year activity for Republicans. One of …
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CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …
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CONTINUE READINGWhy we have the EPA
Air quality in Beijing over the past week has reached horrifically bad levels. The U.S. Embassy’s air quality tracker went from “Hazardous” to “Beyond Index” on Dec. 4. Check out the depressing details via Treehugger and France 24. It looks like the Great Smog of London from 1952. England passed its Clan Air Act 4 …
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CONTINUE READINGTRAIN Wreck!
From a political point of view, it’s really interesting to see this melding of special interest legislation with populist appeals to the economy. It’s a little discouraging to see these efforts to increase air pollution, however, if you or your family members happen to have asthma or other respiratory issues, or if you just care about the environment.
CONTINUE READINGWhat EPA should do with its delayed performance standards for GHGs
On September 15, EPA announced that it would not meet its September deadline for proposing performance standards for greenhouse gas (GHG) pollution from power plants. (That is the second delay; this proposal was originally scheduled for July 2011.) Some are asking if this delay is a big deal, and several environmental leaders sent President Obama …
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CONTINUE READINGOzone: Three More Comments
1) Ann argues persuasively that Obama’s decision was terrible politics. But it is also terrible economics. As the Shrill One pointed out the other day, we are currently in a liquidity trap, i.e. there is not enough demand in the economy to pull us out of the recession, and a lot of money is simply …
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CONTINUE READINGIsn’t Obama’s Capitulation on Ozone Bad Politics?
Numerous commentators have blasted Obama for abandoning his pledge to tighten the National Ambient Air Quality Standard for ozone despite the recommendation of a scientific advisory board that a new standard would deliver large public health benefits. The commentary has been loud and vociferous. For two compelling examples see Georgetown Law Professor Lisa Heinzerling’s post …
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CONTINUE READINGGrandfathering bad air: EPA exempts power plant from new climate and air quality rules
EPA has issued a controversial decision exempting a new, natural-gas power plant proposed for California’s San Joaquin Valley, a region with some of the worst air quality in the country, from the most up-to-date Clean Air Act rules aimed at reducing climate emissions and the pollutants NO2 and SO2. Here’s the E&E story, and here’s the EPA decision, likely to …
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