climate regulation

EPA Wins the First Round in Clean Power Plan Litigation

…But this is just the beginning—and the Supreme Court will have a say

As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …

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The Bogus Trade-Off Between the Environment and Jobs

Paul Krugman has a NY Times column arguing, from a Keynesian point of view, that Obama’s climate change program won’t cost jobs. One of my posts a couple of years ago suggested the same idea: in a slack economy, regulatory requirements are a form of stimulus that can actually create jobs because industry has to spend …

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The Farm Is Not An Algorithm

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

The Forthcoming Interpretation Wars

The new NEPA amendments weren’t intended to speed up the process. But they’ll also spark new litigation.

Accelerating Freight Decarbonization

A Guide to Zero-Emission Zones in Cities

Who Will Own the Clean Energy Future?

In the latest push to finance renewable energy, we have allowed private actors to make substantial claims on public resources without asking for anything in return.

The New NEPA: A User’s Guide

The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.

Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

What’s Next in the Fight over Berkeley’s Natural Gas Ordinance

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

On the Perils of Hasty Drafting

The Debt Ceiling Bill was written under intense time pressure. It shows!

Sackett and the Dangers of a New ‘Clear-Statement Rule’

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy. 

NEPA and the Debt Deal

Will the permitting sections of the debt ceiling bill undermine environmental reviews?

NEPA and the Debt Deal

Will the permitting sections of the debt ceiling bill undermine environmental reviews?

The New NEPA: A User’s Guide

The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.

Can The Major Questions Doctrine Break The Debt Ceiling?

NAGE’s New Lawsuit Makes A Strong Case That It Can

On the Perils of Hasty Drafting

The Debt Ceiling Bill was written under intense time pressure. It shows!

Taming the Dormant Commerce Clause

A new Supreme Court opinion is good news for state climate regulators.

EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 

The Philanthropy Gap

Spending relating to climate change is far too low given the urgency of the situation.

Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

Who Will Own the Clean Energy Future?

In the latest push to finance renewable energy, we have allowed private actors to make substantial claims on public resources without asking for anything in return.

Air Quality Watchdog Agrees to Get Tougher on Refineries

There’s a favorable settlement in the case brought by Earthjustice on behalf of EYCEJ with help from UCLA law students.