Clean Air Act

Ozone: 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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Isn’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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Grandfathering 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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The Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers

For several years now, large law firms have sought work related to climate change, though prior to President Obama’s election the work was relatively thin. Sure there were challenges to California’s legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and …

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Explaining EPA’s Authority Under the Clean Air Act to Address Climate Change

In a new white paper by the Center for Progressive Reform (CPR), Amy Sinden and I try to  clear up some misconceptions about climate change and the Clean Air Act. Critics of EPA maintain that the Clean Air Act is somehow an inappropriate tool to address greenhouse gas (GHG) emissions, and that EPA should be …

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UCLA Law Symposium: Perspectives on Climate Change

Please join us at UCLA Law School on April 15th for the 2011 Environmental Law Symposium, Perspectives on Climate Change, Pollution and the Clean Air Act. The keynote speaker will be Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. Please RSVP. You can also check out the program for more information. Panel …

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Boehner Tweet on Plastics Sums Up Republican Disdain for the Environment

In hardly the biggest news story of the day, but one that really irks me, House Speaker John Boehner tweeted this morning, “The new majority — plasticware is back.”  He’s referring to the move by the Republican majority to eliminate deposed Speaker Nancy Pelosi’s initiative to green the House of Representatives.  The initiative included — …

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The Huge Benefits of Air Pollution Regulation

EPA has a new report on the benefits from the increased pollution controls required under the 1990 amendments to the Clean Air Act.  According to E&E, A two-decade-old crackdown on smog and soot under the Clean Air Act will yield about $2 trillion in annual benefits by 2020, according to a study that was released …

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Six Myths About Climate Change and the Clean Air Act

The Clean Air Act is a broad statute that provides sensible remedies for anything which goes into the air and later causes harm. There’s nothing inappropriate about using the statute to address greenhouse gases.

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The Legal Underpinnings of EPA’s Climate Rules

The Clean Air Act is a formidably technical and complex statute — I often tell my students that it’s like the Internal Revenue Code except not as clearly written. But even those who know the statute may have been surprised by a couple of provisions that EPA is using to address greenhouse gases.

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