Clean Air Act Archives - Page 2 of 20

Clean Air Act

Biden’s Proposed Power Plant Rule is a Solid First Step

The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.

On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …

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EPA and the Student Loan Decision

Will the major questions doctrine block EPA’s proposed rules?

Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …

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EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 

Today’s the day for the long-awaited release of Environmental Protection Agency regulations to tackle planet-warming pollution by the nation’s power plants. (Read the announcement here and the full text here.) The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. For weeks, …

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The Car Rule and the Major Questions Doctrine

Claims that the new rule violates the doctrine are groundless.

Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. …

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U.S. Climate Law: A Broad & Rapidly Growing Field

There’s a lot of law relating to climate change. A lot!

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …

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Do Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.

In a very narrowly argued brief, the Administration calls for returning the cases to state court.

The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …

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“Major Questions” for Texas (and for the Environment)

Defending clean car regulations and tracking judicial decision-making

Last June, the Supreme Court formally unveiled the “major questions” doctrine in the landmark environmental case West Virginia v. EPA. In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those …

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Congressional Cancel Culture

Once again, the Congressional Review Act rears its ugly head.

The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …

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50 Years Ago: Environmental Law in 1973

Five decades back, the country was in the midst of unprecedented environmental ferment.

1973 was at the crest of the environmental surge that swept the United States half a century ago. In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. The first EPA Administrator took office in 1971. Continuing the legislative wave, 1973 saw the passage of the Endangered …

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Keep on Trucking

A new rule will clean up exhaust from new diesels, a major health threat.

Last week, EPA finalized its new rule imposing emission limits on new heavy trucks. The new regulation was clearly a massive undertaking. EPA’s formal announcement of the new rule is 1100 pages long. The accompanying summary of comments on the proposed rule and EPA’s responses is another 2000 pages. This is partly due to the …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Clean Air Act

The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.

Will the major questions doctrine block EPA’s proposed rules?

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants.

Claims that the new rule violates the doctrine are groundless.

There’s a lot of law relating to climate change. A lot!

In a very narrowly argued brief, the Administration calls for returning the cases to state court.

Defending clean car regulations and tracking judicial decision-making

Once again, the Congressional Review Act rears its ugly head.

Five decades back, the country was in the midst of unprecedented environmental ferment.

A new rule will clean up exhaust from new diesels, a major health threat.

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not much. If at all.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 