Environmental Protection Agency

The Trump Administration’s False Stories About the Environmental Protection Agency Are Meant to Take the Agency Down

Donald Trump and Scott Pruitt Distort the Facts About EPA’s Mission, History, and Success

The Trump Administration has made clear its plans to systematically dismantle the Environmental Protection Agency.  Destroying the EPA will be a key element of the administration’s fight, in the words of White House policy advisor Steve Bannon, to achieve the “deconstruction of the administrative state.”  [Update 8/22/17: Bannon is out, but that doesn’t change the Administration’s …

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“States’ Rights” and Environmental Law: California on the Front Lines

EPA’s Assault on Air Quality Protection Will Aim at California’s Standards, While Other States Have Given Up Their Authority to Protect Public Health and the Environment More Strictly

This article just published in the Atlantic explains well one of the many ways that EPA Administrator Scott Pruitt may attempt to deeply harm our environment for decades to come: through declining to grant, or revoking, the waivers that allow California to regulate air pollution from new motor vehicle engines more strictly than the federal government does. …

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Earth Day, 2017 Should Be The Next Massive Rally

The 47th Earth Day falls this year on April 22, a Saturday.  The fortuity of a weekend date makes Earth Day the perfect opportunity to marshall the energy of the wildly successful Women’s marches around the world to demand that Congress and the Trump Administration protect our planet (hat tip to Emmett Fellow Julia Forgie …

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Guest Bloggers Alice Kaswan and Kirsten Engel: Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

New Report Analyzes Potential for Further Emissions Reduction from Existing Sources

Guest post by Alice Kaswan (University of San Francisco School of Law), Kirsten H. Engel (University of Arizona School of Law) It’s been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of …

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The Clean Water Act, Federalism, Big Money and the California Supreme Court

Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program

The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates.  In …

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What Do You Know About EPA? Test Your Knowledge.

Much of what most people think they know about EPA is wrong.

This test involves a few basics about EPA.  See how much you know. 1.  What President established EPA? A.  Kennedy. B.  Johnson C.   Nixon D.  Clinton 2.  When is cost a factor in issuing EPA regulations? A.  Whenever allowed by law. B.   Under Republican Presidents. C.   Only for minor regulations. D.   …

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The Unreasonable Risk of TSCA Reform

Caught Between a Rock and a Hard Place

The Frank R. Lautenberg Chemical Safety for the 21st Century Act is no doubt generating significant conflict, including claims of undue industry influence, competing bills from prominent members of the same party, consternation among states, and divisions among health and environmental groups.  And it may also be the closest we have gotten to TSCA reform—ever.  …

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Accelerating Cost-Effective Green Stormwater Infrastructure: Learning from Local Implementation

A new Berkeley Law report

California decision makers focused on responding to the current drought might question whether stormwater deserves a slice of their attention right now. Although it might be tempting to relegate stormwater planning, management decisions, and infrastructure improvements to a back burner until drought concerns cool off, doing so would be counterproductive. Below, I explain why stormwater management is relevant …

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How Scalia Might Have Ended the Best Hope of Killing EPA’s Greenhouse Gas Rules

The Supreme Court may have just eliminated a major legal and political risk to EPA’s greenhouse gas regulatory program

A couple of folks have already written about the UARG decision, and there is surely more to understand about the implications of the Scalia majority decision for future EPA greenhouse gas regulatory efforts. But I want to highlight one key implication of the decision for EPA’s overall greenhouse gas regulatory program. First, it is important …

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Breaking News: U.S. Supreme Court Renders Split Decision in Major Climate Change Case

The U.S. Supreme Court today issued its long-awaited decision in Utility Air Regulatory Group v. Environmental Protection Agency, the justices’ third encounter with climate change law and policy.  In a Solomonic ruling, the Court ruled that EPA lacks authority to require the operators of “stationary sources” of greenhouse gas emissions (power plants, factories, etc.) to obtain …

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