Clean Air Act
Legal Safeguards Against Deregulation
Congress was aware that there could be a backlash against environmental standards. It took precautions.
If it could, no doubt the current Administration would be happy to have the same polluted air and water–and energy-wasting appliances)– that we had fifty years ago. Thanks to the anti-backsliding aspects of environmental law, however, they can’t really achieve that. The best they can generally do is to get rid of recent regulations that haven’t gone into effect yet.
CONTINUE READINGThe Legal Complexities of Deregulating Power Plant Carbon Emissions
The Supreme Court struck down Obama’s powerplant regulation. but it didn’t endorse Trump’s first try either.
We are likely to end up with a Trump rule for powerplant emissions that is much weaker than the Biden rule, but not as weak as EPA’s effort in the first Trump Administration. And the process will take Trump longer this time, with a greater litigation risk.This matters because even a very weak rule may require significant investments in improving powerplant efficiency, which could result in some plant closures.
CONTINUE READINGThe Top-Ten Lower Court Decisions on Environmental Law
Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions.
CONTINUE READINGCongress Lacks Authority to Review California’s Car Waiver
It’s a complicated issue but the answer is clear: the Congressional Review Act does not apply.
States get many kinds of waivers from the federal government. For example, many states (including quite a few Red states) have received waivers from some Medicaid requirements. Overturning the EPA vehicle waiver would expose all state waivers to the risk of being overturned under the Congressional Review Act, contrary to the plain language of that statute.
CONTINUE READINGTrump’s Seven Most Anti-Environmental Moves — and How to Push Back
There were dozens of actions, all harmful to the environment. These are the worst of the worst.
In the month since he reentered the White House, Trump has dedicated himself to knee-capping environmental protection through a series of executive orders. These orders aim to eliminate crucial environmental regulations, eviscerate key agencies like EPA, arbitrarily halt government funding, and eliminate environmental restraints on the private sector. But these are not done deals, and there are ways of pushing back.
CONTINUE READINGWhat Happens If EPA Revokes the Endangerment Finding?
The action would mean full-blown warfare against all things climate.
We are likely to learn next week if the Trump Administration will eviscerate the most important climate regulations the Biden Administration issued over the last four years. Under Trump’s “Unleashing American Energy” Executive Order, EPA Administrator Lee Zeldin is supposed to recommend by February 19 whether to reverse the central basis for much of the …
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CONTINUE READINGGood & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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CONTINUE READINGEPA Grants California’s Waivers for Clean Cars and Clean Trucks
By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.
EPA just made the incoming Trump Administration’s efforts to stop the move toward clean, zero emission vehicles a whole lot tougher. And ironically, the U.S. Supreme Court’s controversial decision overturning deference to agency actions, Loper Bright v Raimondo, may help California in any litigation over the legitimacy of the waiver request. EPA finally granted California …
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CONTINUE READINGYes, Virginia, There ARE Federal Climate Laws.
Contrary to myth, Congress has actually passed laws relating directly to climate change.
It’s a common misconception that Congress has never passed any climate change legislation. But Congresshas passed at least laws regulating two powerful greenhouse gases, as well as a series of other laws stretching back almost forty years. The story begins under President Nixon and extends into the Biden years with the multi-billion dollar Inflation Reduction Act.
CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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