Clean Air Act
Defending EPA’s Authority to Fight Climate Change – at the Supreme Court
Sean Hecht and Ted Lamm co-author amicus brief on behalf of Clean Air Act expert Tom Jorling
This week, Sean Hecht and I filed an amicus brief at the Supreme Court in West Virginia v. EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act …
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CONTINUE READINGToday’s Vaccine Cases: Implications for Climate Change Regulation
Today’s ruling are (somewhat) good news in terms of West Virginia v. EPA?
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. The cases also split the conservative Justices themselves, with three hardliners (Thomas, Alito, and Gorsuch) seeking a more activist ruling in the OSHA case and dissenting in the …
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CONTINUE READINGIt’s Time to Repeal the Clean Power Plan
The CPP no longer serves any useful purpose, and keeping it on the books invites mischief by the Supreme Court.
The Clean Power Plan (CPP) was the Obama Administration’s signature climate effort. This 2015 regulation aimed to move state power grids away from coal and toward renewable energy. It immediately became ensnared in litigation and never went into effect. It’s now considered irrelevant for all practical purposes. Yet the Supreme Court is now set to …
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CONTINUE READINGCost-Benefit Analysis and the Biden EPA
The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.
In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Last week, EPA rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA’s explanation for the rescission was …
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CONTINUE READINGAppeals Court Nixes NYC Climate Lawsuit
With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.
On Friday, the Second Circuit issued an important decision in a lawsuit against the oil industry. New York City had sued the oil companies for harms relating to climate change. The appeals court ordered the case dismissed, on the ground that any harm relating to fossil fuel is exclusively regulated by the Clean Air Act. …
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CONTINUE READINGLiberal Judges Embrace Textualism
Why are these judges suddenly so enthusiastic about Justice Scalia’s approach to reading statutes?
Two of Trump’s major regulatory efforts were recently thrown out by the D.C. Circuit. The liberal judges who wrote the opinions latched onto a conservative theory called textualism, which was most prominently advocated by Justice Antonin Scalia. While judges in an earlier era tried to interpret Congress’s intent in writing a law, textualists focus solely …
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CONTINUE READINGThe Clean Air Act Turns Fifty
A half century of progress in cleaning up the air began New Year’s Eve 1970.
On December 31, 1970, President Richard M. Nixon signed the Clean Air Act. William Ruckelshaus and Russell Train, who later led the way in implementing the new law, stood by his side with beaming smiles. Nixon supported the basic features of the bill. But he had considered vetoing the final version because Senator Ed Muskie …
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CONTINUE READINGBiden Can Leverage Larger Trends to Make Climate Progress
Biden can use these three strategies to make major progress on climate issues.
With the next president of the United States finally decided, we can now begin moving on to the work at hand. Joe Biden’s election creates an exciting opportunity for climate action. But there’s one clear hurdle: Unless the January runoff elections in Georgia for two Senate seats deliver surprising success to the Democrats, President-elect Biden …
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CONTINUE READINGThe Changing Landscape of Climate Policy
Even under Trump, the U.S. was slowly lurching in the right direction. Biden needs to give the process a good strong push.
Barring a Democratic sweep in the Georgia runoffs, Biden will be facing a Republican Senate. But he also has a big advantage: The world has changed in some important ways that favor climate action. The importance of these positive changes may have been obscured by some negative developments. Since Barack Obama left office, climate change …
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CONTINUE READINGShort and Simple Climate Legislation
With a few sentences, Congress could do a lot to fix the law.
The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business. But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …
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