D.C. Circuit Court of Appeals
Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx
UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.
Last year, EPA issued a new federal implementation plan to address interstate pollution from nitrous oxides under the Clean Air Act’s Good Neighbor Provision. The Good Neighbor Provision is designed to address interstate pollution: those instances where emissions from upwind states impose harms across state lines, effectively shifting the costs of controlling their pollution to …
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CONTINUE READINGThe Machine at the Center of the Clean Power Plan
By William Boyd, Ann Carlson and Cara Horowitz
As attention shifts from last night’s debate to today’s oral argument on the Clean Power Plan, we thought it worth focusing on the machine at the heart of the President’s plan to cut greenhouse gases from the electric power sector: the electricity grid. You might think that the largest machine in the United States is one …
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CONTINUE READINGWhat Does Justice Scalia’s Death Mean for the Clean Power Plan?
Basically, everything
I am very sensitive to the emotions surrounding the sudden death of Justice Antonin Scalia and feel deep sympathy for his family, many friends and colleagues. He was a towering intellectual force and we will be dissecting his influence for years to come. Yet the death of a public figure — especially one as …
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CONTINUE READINGAs Predicted, Premature Suit to Block Clean Power Plan Implementation Fails
Petitioners don’t meet standards for extraordinary writs
The case filed by 15 disgruntled states, led by West Virginia, seeking to block the implementation of the Clean Power Plan has been dismissed by the D. C. Circuit Court of Appeal as premature. Here’s an explanation of the legal and political basis for the lawsuit. As predicted when the states filed the lawsuit, …
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CONTINUE READINGCoal States File Premature Petition to Block Clean Power Plan
AGs Sue For Tactical and Political Reasons Even Though Their Legal Case is a Loser
Attorneys General from 15 states, led by West Virginia, filed a petition in federal court yesterday to block the Clean Power Plan (CPP) from going into effect. The filing seems to be more tactical and political than a serious legal claim: the Environmental Protection Agency has yet to publish the rule in the Federal Register …
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CONTINUE READINGBreaking News: D.C. Circuit Dismisses Challenge to Clean Power Plan on Procedural Grounds
But More Challenges Will Follow
The D.C. Circuit Court of Appeals has dismissed the first challenge to EPA’s proposed Clean Air Act Section 111d rule to reduce greenhouse gas emissions from power plants (known as the Clean Power Plan) on the grounds that the rule is only a proposed rule, not a final one. The court’s opinion can be found …
CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …
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