Clean Air Act
The EPA’s Proposed Standards for Coal Power Plants Increase Pollution Without Real Justification
The public comment period for proposed revisions to EPA’s proposed emissions standards for fossil-fuel fired power plants under the Clean Air Act ended last week. Emmett Institute staff have submitted two comment letters on the rule (see Sean’s post on one of the letters here; that letter itself is here). The standards—called new source performance standards—apply to …
CONTINUE READINGEPA Shouldn’t Roll Back Coal Power Plant Emissions Standard, Conclude Experts in Electrical Grid Management and Pollution Control Technology Innovation
Emmett Institute Faculty File Two Comment Letters on Behalf of Experts, Demonstrating Flaws In Proposed Rollback of New Source Performance Standard for New Coal-Fired Power Plants
In 2015, EPA set greenhouse gas emissions standards for new coal-fired and natural gas-fired power plants under the Clean Air Act’s New Source Performance Standards program, Section 111(b) of the Act. These standards ensure that new plants can be built only if they incorporate state-of-the-art emissions controls. Unfortunately, in late 2018, the Trump Administration EPA proposed …
CONTINUE READINGDo Impossible Regulatory Deadlines Cause Faster Progress?
A: Maybe, but only in a roundabout way. (And at a cost.)
Just about nobody who’s knowledgeable in the field thinks the U.S. electric grid can be made carbon free in ten years. Having spent the past two years lambasting the Trump Administration for ignoring the experts, I’m loathe to disagree with the expert opinion on this one. But even if the ten-year deadline set by supporters …
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CONTINUE READINGIs the Green New Deal’s Ambition Smart Policy?
Some Lessons from Environmental History
At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy — is a major conundrum. Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically. Stanford Professor Marc Z. Jacobsen, for …
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CONTINUE READINGEmmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also …
CONTINUE READINGJohn Dingell, 1926-2019
The Surprising Environmental Record of Detroit’s Biggest Congressional Defender
There’s an old story about Rep. John Dingell, the long-running chair of the powerful Energy and Commerce Committee, who died yesterday at the age of 92, and served in the House longer than anyone in American history. Outside the office of the Committee, there is a huge picture of the Earth, taken from the Apollo …
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CONTINUE READINGEPA’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 …
CONTINUE READINGThe 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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CONTINUE READINGGuest 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, …
CONTINUE READINGJumping 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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