Climate Change
The 2014 Midterm Elections and the EPA Greenhouse Gas Rule
Why Republicans probably won’t be able to eliminate the EPA rules before 2016
I wrote earlier about why the 2016 Presidential election will be the election that matters (politically) for the long-term success of the new greenhouse gas rules proposed by EPA. (The status of legal challenges is a different question.) I want to elaborate a little more now about why the 2014 midterm elections are pretty much …
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CONTINUE READINGA Bailout By Any Other Name…
Weak environmental laws are another form of bailouts for private industry
Bailouts – the payment of public funds or resources to rescue or support a private enterprise – are politically very unpopular. The primary challenger who defeated Republican House Majority Leader Eric Cantor in Virginia excoriated Cantor for supporting big banks in the wake of the financial crisis. The bailout of banks after the crisis that …
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CONTINUE READINGCompiled Resources on the “Clean Power Plan” Proposed §111(d) Rule
All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses
Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …
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CONTINUE READINGPART IV – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions
The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.
This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. …
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CONTINUE READINGCalifornia, climate change, and 111d
Four things the Golden State will note about EPA’s power plant proposal
Here are four aspects of the 111d proposal of particular note to Legal Planet’s home state. (1) California played a key role in helping to inspire — and to justify as lawful — EPA’s building-blocks approach to setting state goals. EPA frequently refers to California’s suite of successful greenhouse gas mitigation programs as a partial model for …
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CONTINUE READINGEPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions (PART I)
The first in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation
As LegalPlanet reported earlier this week, EPA has released a proposed rule to regulate carbon dioxide (CO2) emissions from existing power plants under Clean Air Act § 111(d). You can read the full text of the proposed rule here. The rule would have the overall effect of reducing CO2 emissions from existing power plants or “electric generating units” …
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CONTINUE READINGObamacare’s lessons for the future of EPA’s CO2 rule
The survival of the greenhouse gas rule depends on how much people invest based on it
There has (rightly) been a lot of attention paid to the EPA proposed rule controlling greenhouse gas emissions from powerplants pursuant to Clean Air Act Section 111(d). All of that analysis – how effective the rule will be; how it will be implemented; the prospects for successful legal challenges to the rule – is important. …
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CONTINUE READINGThe Top 10 Reasons Why EPA’s Powerplant Rule is like Obamacare
Death Panels! War on Coal!
Opponents in Congress have likened EPA’s proposed rule covering greenhouse gas emissions to Obamacare. In fact, one called it “Obamacare 2.0”. In a helpful spirit, I thought it would be edifying to list the similarities: 1o. The powerplant rule and Obamacare both give state government a major role. 9. They were both endorsed by President Obama. …
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CONTINUE READINGJudicial “Smoke Signals” and the 111(d) Rule
In an earlier post, I suggested that EPA’s decision about how broadly to write the final version of the 111(d) rule might be affected by the Supreme Court’s decision in the pending UARG case. I made the suggestion without much explanation, and it apparently didn’t come across very clearly. So I thought it would be worth …
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CONTINUE READINGAddressing Climate Change Without Legislation
A new report from UC Berkeley looks at the underused powers of the US Department of the Interior.
Now that the Environmental Protection Agency has announced its proposed rules for restricting greenhouse gas emissions from existing power plants, the climate focus of EPA and the states will first be on polishing the rules for final approval, then on the anticipated law suits, and then on the development of state plans to meet the …
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