Clean Power Plan

The Off-Switch is Inside the Fenceline

Pruitt’s argument for repealing the Clean Power Plan has a logical flaw.

The Obama Administration’s Clean Power Plan would require utilities to improve efficiency at coal-fired power plants and reduce the use of those plants in favor of generators using natural gas or renewables. Head of EPA Scott Pruitt claims EPA can only require CO2 cuts that can be accomplished by utilities “inside the fenceline” of a …

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The Roots of Regulatory Robustness

What makes regulations politically robust or fragile when Administrations change?

We’ve seen a lot of regulatory innovations in the past decade. Many are under attack, and that underscores the importance of understanding what makes some innovations more robust than others. I don’t have a general theory to offer about what gives some regulations more ability than others to withstand adverse political shifts. But it’s instructive …

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Foreseeable Yet Lamentable: Pruitt’s Attack on Carbon Restrictions

As expected, the Trump Administration is trying to repeal Obama’s regulation.

Few things were more foreseeable than a repeal of the Clean Power Plan (CPP) by the Trump Administration. The Clean Power Plan had three strikes against it: (1) it addressed climate change; (2) it disfavored coal and promoted the use of renewable energy in electricity generation; and (3) it came from the Obama Administration. The …

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The Dangerous Politics of Nostalgia

It’s a good idea to look in the direction you’re traveling, not backwards to your past.

In an airport, I recently saw a sign above the moving walkway advising us to face in the direction we were traveling.  That’s sound advice for life in general and policy making in particular.  It’s a recipe for failure to try to restore the past rather than looking toward the future.  Unfortunately, rather than embracing the future, …

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What Do We Really Gain If the U.S. Stays in the Paris Agreement?

As Long As Trump Is President

(This post is cross-posted at https://takecareblog.com/blog/what-do-we-really-gain-if-the-u-s-stays-in-the-paris-agreement.) The Trump Administration will apparently decide soon whether to keep the United States as a party to the Paris Agreement. Although I understand why so many observers have argued that the U.S. should remain in Paris, I have already expressed my view that remaining in Paris is at best …

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When EPA Pays Lip Service to Public Comment, the Environmental Community Steps Up

Environment and public health advocates voice their concerns about EPA’s regulatory reform efforts under EO 13777

The public health and environmental communities took a small victory on an EPA conference call yesterday. In a three-hour public comment call that could have been dominated by industry seeking regulatory rollbacks, about half of the speakers supported strengthening environmental and public health protections. And many of them took EPA to task for such a …

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This Wolf Came as Dressed as a Wolf

Trump’s views on energy & environment were clear before the election. He’s doing what he said.

In terms of energy and environmental issues, Trump has turned out to be as advertised. Last June, I did a post contrasting Clinton and Trump’s views about the environment. Below, I revisit the June post in order to compare what Trump said before Election Day and what he’s done since. In case you’ve forgotten, Clinton’s position …

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Guest Blogger Ben Levitan: The Tenth Anniversary of Massachusetts v. EPA

The opinion stands for EPA’s responsibility to address climate change based on law and science, and to safeguard public health and the environment under adverse political conditions

If it feels like we’re being inundated with bad news about federal climate policy, here’s a cause for hope: this month marks the tenth anniversary of the Supreme Court’s decision in Massachusetts v. EPA, one of the most important environmental cases in our nation’s history. The Supreme Court’s landmark decision in Massachusetts came when the …

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Trump’s Executive Order: Bad Policy and More Uncertainty

President Trump’s Executive Order on climate policy is an invitation to bad policymaking and legal uncertainty. The big-ticket item targeted by the Order, of course, is the Obama Administration’s Clean Power Plan and related rules on carbon dioxide emissions from power plants. The EO has limited immediate legal impact: none of the major rules can …

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A House Divided

The climate change executive order shows the signs of the bitter divisions within the White House.

Actually, there are two divided houses. One is the House of Representatives. The other is the White House. The divisions in the House of Representatives were on display in the abortive effort to pass a health care bill.  Similar fissures in the White House are just below the surface of yesterday’s executive order on climate …

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