Clean Air Act
Another Court Loss for the Trump EPA
D.C. Circuit enforces deadlines for air pollution compliance
On Friday, the D.C. Circuit issued a brief order in a case called New York v. EPA. In some respects, the order was a foregone conclusion, given the same court’s September ruling in a case called Wisconsin v. EPA. But it’s nonetheless noteworthy. Both the New York and the Wisconsin case involved a section in …
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CONTINUE READINGWhy is Newsom vetoing SB 1?
Comparing the Governor’s statements with the text of the bill
The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas. However, Governor Newsom has indicated he will veto SB 1, on the grounds that …
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CONTINUE READINGWhy are automakers fighting Trump’s emissions rollback?
The answer may lie in the electric vehicle investments the industry is busy making
As we move ever deeper into an all-out legal war between California and the Trump Administration over rollbacks of automobile emissions standards (something Ann, Cara, and Julia have been covering very well), I want to explore in a little more depth why the automakers have been so resistant to Trump’s rollback efforts. The auto industry …
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CONTINUE READINGTrump Announces Waiver Rollback on Twitter
Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible
This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …
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CONTINUE READINGTrump’s Legal Challenges to the California’s Car Deal
Is there any legal basis for the Trump Administration’s actions?
Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the …
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CONTINUE READINGSidestepping Regulatory Ossification
The regulatory process can take forever. Here are some possible responses.
Some years ago, Tom McGarity coined the phrase “regulatory ossification” to describe the increasingly slow and cumbersome regulatory system. Since then, the situation has only gotten worse. As a recent article by Bethany Davis Noll and Richard Revesz points out, significant regulations take an average of four years to issue, and judicial review adds another …
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CONTINUE READINGA Rule to Revoke California’s Waiver?
Why an action to revoke the waiver for California’s Advanced Clean Cars program could be the Administration’s worst move yet.
A couple of weeks ago, the New York Times reported that in the midst of growing “disarray” around the rollback of the Obama-era fuel economy and greenhouse gas tailpipe emissions standards, “Mr. Trump went so far as to propose scrapping his own rollback plan and keeping the Obama regulations, while still revoking California’s legal authority …
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CONTINUE READINGClearing the Air
The DC Circuit upholds a major air regulation.
On Friday, the D.C. Circuit decided Murray Energy v. EPA. The court upheld EPA’s health-based 2015 air quality standards for ozone against challenges from industry (rules too strong) and environmental groups (rules too weak). However, it rejected a grandfather clause that prevented the new standards from applying to plants whose permit applications were in-process when …
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CONTINUE READINGUpdates on the War on Science
The Trump Administration continues its campaign to suppress science.
The Trump Administration’s hostile attitude toward science has continued unabated. The Administration has used a triad of strategies: efforts to defund research, suppression of scientific findings, and embrace of fringe science. Budget.Administration continues to favor deep cuts in research support. Its initial 2020 budget proposal calls for a 13% cut to the National Science Foundation, a 12% cut at …
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CONTINUE READINGJournalism and Political Polarization
Reporters Might Hold A Key To Improving Environmental Politics
It’s no surprise that American politics has gotten significantly more polarized over the last three decades, so it stands to reason that legislatures have gotten more polarized as well. But in a recent article in the Journal of Political Economy by James Snyder and David Stromberg, brought to my attention by Professor Seth Masket writing …
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