Clean Power Plan Archives - Page 4 of 11

Clean Power Plan

EPA 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 …

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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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Does the New National Climate Assessment Hurt the Trump Administration in Court?

The Report Could Affect a Number of Cases

The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public impact by dropping it on Black …

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An Ax, Not a Scalpel

Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.

Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …

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Supreme Court Stays Upcoming Juliana Trial

Chief Justice Roberts’ Order a Major Win for the Trump Administration

The presently-constituted U.S. Supreme Court doesn’t seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings …

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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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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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What’s Ahead for Trump’s Pro-Coal Rule?

Be prepared: this is going to remain a live issue for at least two years.

You’ve already heard a lot about Trump’s pro-coal ACE rule. You’re likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I’ve set out a rough timetable below, and at the end I discuss some implications. Step 1: The Rulemaking Aug. 2018 Notice of proposed rule issued …

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How the ICC is Using International Criminal Law to Prosecute Suspects of Eco Crimes

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Clean Power Plan

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

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

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

The Report Could Affect a Number of Cases

Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.

Chief Justice Roberts’ Order a Major Win for the Trump Administration

Precedent from another agency for the Clean Power Plan.

Ignoring co-benefits violates well-established legal principles.

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

Be prepared: this is going to remain a live issue for at least two years.

TRENDING

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

The barriers are still huge — but we can also envision a path to success.

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.