EPA regulation
Biden’s Proposed Power Plant Rule is a Solid First Step
The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.
On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …
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CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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CONTINUE READING40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS
EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.
This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …
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CONTINUE READING100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule
EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science
Today, on behalf of 100 environmental and administrative law professors affiliated with 70 universities in 33 states and the District of Columbia, Sean Hecht and I filed a comment letter urging EPA to withdraw its updated proposal to limit the use of science in agency decisionmaking processes, misleadingly named the “Strengthening Transparency in Science” rule. …
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CONTINUE READINGWill Anyone Have Standing to Challenge EPA’s Rules for New Coal Plants?
EPA has issued rules that will essentially require new coal plants to use carbon capture and sequestration, a technology that has not been implemented at full scale yet. No doubt that coal industry and utilities will try to challenge the rules in court. But they probably lack standing to do so for a simple reason: …
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CONTINUE READINGThe House Takes Aim at EPA Regulation of Power Plant Pollution
Last week, the House passed HR 1582 on a 232-181 vote. The law is designed to restrict EPA regulation of power plants, but the House also adopted an amendment that takes a swipe at environmental economists. HR 1582 is mercifully brief and to the point. When EPA proposes a rule that would impose over $1 billion …
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