Climate Change

The Legal Basis for the 111(d) Rule

EPA has structured the rules to protect against legal challenges.

Megan has done a great job of explaining the background of the rules and summarizing the proposal in her blog posts.  I just wanted to add a quick note about how EPA has structured its rules in light of possible legal challenges.  The fundamental issue facing EPA is how to define the “best system” for reducing …

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EPA’s Proposed Greenhouse Gas Emissions Rules Are Remarkably Business-friendly

Business wins on baseline year, flexible compliance methods will keep costs down

President Obama’s EPA will tomorrow issue proposed greenhouse gas limits for existing power plants.  By all accounts the rules will be a remarkable step forward in the fight against global warming, with the U.S. finally demonstrating significant leadership on an issue on which it has lagged behind for more than a decade.  And yet from …

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Obama’s Clean Air Act 111d Rules Are Legally Required, Not an End Run Around Congress

Massachusetts v. EPA triggered the President’s Action

On Monday, President Obama is expected to release proposed regulations to cut carbon emissions from existing power plants.  Leaks to date suggest that the rules, which will cover 40 percent of total U.S. greenhouse gas emissions, will be ambitious and far-reaching, requiring cuts of approximately 20 percent from the electricity sector. We can already anticipate …

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Guest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …

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Of Corn and Climate

Trouble may be brewing in the corn belt.

We continue to gain a better understanding of the impacts of climate change, which are sometimes subtle and unexpected.  Two articles in Science report significant new research. The first report comes from two researchers at the University of Illinois.  Corn, like other plants, needs to pull CO2 from the air for photosynthesis.  But the same tiny …

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An Opening for Climate Adaptation?

Marco Rubio seems willing to admit that climate change exists and is causing real problems. That’s a start.

During an interview with ABC’s Jonathan Kent, Marco Rubio made a very interesting statement about climate change.  He took the standard anti-science position about the causes of climate change.   “I do not believe that human activity is causing these dramatic changes to our climate the way these scientists are portraying it,” he said.  He went on …

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Not nonsensical at all

The main State Capitol columnist for the Sacramento Bee wrote a piece today on whether California should encourage or discourage additional oil development in the state. This has been a major debate politically, with Governor Brown resisting calls by many environmental groups to ban fracking. Brown has noted the potential economic benefits from tapping into …

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Fracking and the Environment

A new RFF report sheds light on the critical issues.

There are a lot of unanswered questions about natural gas and fracking.  A recent report by Resources for the Future sheds light on some of the answers.  RFF is unusual among Washington think tanks — an honest broker that uses expertise to try to answer hard questions.  The report reaches three important conclusions. The first …

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IPCC Report Highlights Need for Rapid Shift to Renewable Energy; Delay Will be Costly

Meanwhile, EPA Considers Methane Regulations for Oil and Gas Production

According to the newest Intergovernmental Panel on Climate Change (IPCC) mitigation report, only a few decades remain to halt the worst effects of global climate change. To meet climate goals, globally we will need to reduce emissions to 40 to 70 percent below today’s levels, by mid-century. Delaying action will be enormously costly from an …

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Does Keystone Matter?

A recent analysis suggests that the pipeline could result in production of a billion extra barrels between now and 2030.

Many people who have studied the issue tell me that the Keystone XL issue is mostly symbolic, because the Alberta oil sands are going to be used one way or another.  But I’m having some second thoughts because of arguments made (here) by Berkeley economist Max Aufhammer. He’s a pretty hard-headed analyst, not given to …

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