Clean Power Plan Archives - Page 2 of 11

Clean Power Plan

EPA’s Best Option: Co-Firing

Yesterday’s decision leaves open a powerful regulatory tool.

What can EPA do to cut carbon emissions from coal-fired power plants after yesterday’s decision in West Virginia v. EPA? The decision clearly ruled out any direct mandate to shift generation from coal generators to cleaner power generators. But the Supreme Court didn’t endorse Trump’s ultra-limited interpretation of the law either. This leaves EPA with …

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The Supreme Court Curbs Climate Action

The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.

Today, the Supreme Court decided its most important environmental case since 2007. We didn’t dodge the bullet. It’s more than a flesh wound but it didn’t hit any vital organs . Chief Justice Roberts’s majority opinion leaves EPA other options to reduce carbon emissions from coal-fired power plants. It also gives a fairly narrow reading …

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After the Court Rules: Gaming out Responses to a Cutback in EPA Authority

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …

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Major Questions About Today’s Big Climate Case

Here’s what you need to know about today’s oral argument in W. Va. v. EPA

The Supreme Court is hearing oral argument this morning in West Virginia v. EPA. The case is a challenge by the coal industry and coal states to EPA’s power to limit carbon emissions by power plants. Here’s what to look for today. Q: What is the case about? A: In practical terms, the question is what EPA …

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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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Today’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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2022: The Year Ahead

Here are the five biggest things to watch for.

There will be a lot going on this year in the environmental sphere. I wanted to focus on a few big things to keep an eye on, rather than trying to give a long, comprehensive survey. Here are the five biggest things to watch for: Midterm elections. As of now, things are looking very good …

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It’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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A Bad Week for Biden, and for Climate Action

First House progressives, and next conservative Justices, poked a stick in the spokes.

President Biden hoped to go to the international climate summit in Glasgow with momentum behind him. He wanted to reestablish US credibility with concrete progress on climate change. Instead, the ability of the US to take action on climate change is shrouded in doubt. Biden suffered an embarrassing defeat at the hands of members of …

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Biden’s Dilemma: Limiting Carbon from Existing Power Plants

It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama Administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump Administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what? It wouldn’t be hard to redo the Obama policy …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

Permitting Reform Bill: NEPA Remedies

Efforts to tailor remedies for NEPA violations address an important issue, but may have misfired

Permitting Wars

Environmental groups should engage constructively with permitting reform

How to Deconstruct Federal Regulation

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

Clean Power Plan

Yesterday’s decision leaves open a powerful regulatory tool.

The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

Here’s what you need to know about today’s oral argument in W. Va. v. EPA

Sean Hecht and Ted Lamm co-author amicus brief on behalf of Clean Air Act expert Tom Jorling

Today’s ruling are (somewhat) good news in terms of West Virginia v. EPA?

Here are the five biggest things to watch for.

The CPP no longer serves any useful purpose, and keeping it on the books invites mischief by the Supreme Court.

First House progressives, and next conservative Justices, poked a stick in the spokes.

It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

TRENDING

All my posts (to date) on the permitting reform bill before the Senate

Drawing a false dichotomy between procedure and substance does not lead to good policy

Environmental groups should engage constructively with permitting reform

This October, we officially celebrate the coal and oil industries. Says President Trump.

What can we expect if Dems flip the governorships in red states?

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Efforts to tailor remedies for NEPA violations address an important issue, but may have misfired

Environmental groups should engage constructively with permitting reform

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

What began as a war on science has now reached your kid’s doctor.