Clean Air Act

EPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law

Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment

As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset …

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The Power of the Purse

House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks

Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in …

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Guest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are

Facts About California’s Oil and Greenhouse Gas Emissions

Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …

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Jumping the Fence Line, Embracing the Grid

Precedent from another agency for the Clean Power Plan.

If you’ve been reading this blog or otherwise keeping up with environmental law, you’ve probably heard this a hundred times: In rolling back Obama’s signature climate regulation, the Clean Power Plan, the Trump Administration is relying on the idea that EPA’s jurisdiction stops at the fence line. That is, according to the Trump folks, EPA …

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Guest Bloggers Jennifer Garlock and Michelle Melton: California Enacts Law to Reduce Greenhouse Gas Emissions from Ride-Hailing Companies

Governor Brown Signs SB 1014, Allowing Innovative Approaches to Emissions Reduction

As part of its broader efforts to tackle climate change, California has set its sights on a new, and fast-growing, source of greenhouse gas (GHG) emissions: ride-hailing companies like Uber and Lyft. On September 13, Governor Brown signed SB 1014, making California the first U.S. jurisdiction to require that ride-hailing companies—also known as transportation network …

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The Case for Co-Benefits

Ignoring co-benefits violates well-established legal principles.

The Trump Administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation, because cutting carbon emissions almost always …

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Separated at Birth? No, not really.

Trump’s pro-coal EPA plan equates two legal provisions with little in common.

Trump’s plan for coal-fired power plants, like Obama’s plan to cut carbon emissions, is based on section 111(d) of the Clean Air Act.  But much of the legal argument relies on an analogy to section 165 to support EPA’s very restrictive interpretation of section 111(d). It’s that restrictive interpretation that leads the agency to reject …

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Does the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?

New Article Addresses Hot Spot Pollution and the Clean Air Act

Over the last fifty years, we have made huge progress in cleaning up the nation’s air.  Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and …

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Trump administration and California are on collision course over vehicle emissions rules

Meredith Hankins and Nicholas Bryner co-author legal explainer for The Conversation

California and the Trump administration are going different directions on mileage standards. AP Photo/Rich Pedroncelli Meredith Hankins, University of California, Los Angeles and Nicholas Bryner, Louisiana State University The Trump administration on Aug. 2 formally announced a proposal to freeze fuel economy standards and tailpipe emission standards for new cars. In addition, it is proposing …

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The Questionable Legal Basis of the “Transparency” Proposal

EPA seems unsure of the legal authority for its proposal — and for good reason.

“They sat at the Agency and said, ‘what can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?’” When he said those words, Scott Pruitt was talking about the Obama Administration. But it seems to be a pretty …

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