EPA regulation Archives

EPA regulation

40 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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100 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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Will 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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The 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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Not Quite a “Windfall Tax”

SBX1-2 passes out of the California Senate… but won’t get Californians their money back.

A New Battleground in Big Oil’s War on Drilling Setbacks

Big Oil’s referendum on setbacks is the latest in a line of questionable signature-gathering campaigns. Would a new bill reform California’s referendum process?

Do Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.

In a very narrowly argued brief, the Administration calls for returning the cases to state court.

The IPCC Should Just Say 1.5 C is Dead

The big takeaway from the IPCC’s latest report is that we’re still falling behind and must do hard things to catch up. It’s time to communicate that differently.

Cleanup On Aisle NIMBY!!

The California Legislature’s new duplex bill shows that lawmakers have had it with resistance to housing.

How Should We Implement the New Federal Climate Laws?

An upcoming symposium by the Emmett Institute will explore the key climate impacts of IIJA and the IRA and unpack some of the obstacles and controversies around their implementation.

Lobster Wars

An industry lawsuit against Monterey Aquarium is a blatant assault on free speech.

Critical Native American Water Rights Cases Come Before the Supreme Court: Arizona v. Navajo Nation

The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor

Stakeholder Engagement in California Offshore Wind Development

State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.

How Garden-Variety Air Pollution Regulation Promotes Environmental Justice

Cleaning up our nation’s air benefits the disadvantaged most of all.

Not Quite a “Windfall Tax”

SBX1-2 passes out of the California Senate… but won’t get Californians their money back.

Deregulation, Normal Accidents, and the Airborne Toxic Event

What can we learn from the East Palestine train wreck?

Good News from the Land of 10,000 Lakes

Earlier this month, Minnesota adopted a bold new clean energy plan.

How Do You Solve A Problem Like A Lawless Judge?

Some counsel for the Justice Department from The Great One.

CEQA and UC Berkeley Housing: Don’t Panic

The decision blocking student housing hardly represents new NIMBY weaponization.

Why the Bay Area’s Zero-Emission Appliance Rule is a Big Deal

BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.

Wetlands Regulation in the Political Swamp

The Congressional Review Act remains bad for policy and worse for democratic deliberation.

CEQA, California’s Housing Crisis & the Little Hoover Commission

State Watchdog Agency’s Scheduled CEQA Hearings Could Prompt Major Changes to California’s Most Important Environmental Law

Unraveling LA’s Hydrogen Combustion Experiment

Combusting hydrogen could keep natural gas plants online, but they won’t be “green” for years––if ever.

Stakeholder Engagement in California Offshore Wind Development

State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.

EPA regulation

EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.

EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science

TRENDING

SBX1-2 passes out of the California Senate… but won’t get Californians their money back.

Big Oil’s referendum on setbacks is the latest in a line of questionable signature-gathering campaigns. Would a new bill reform California’s referendum process?

In a very narrowly argued brief, the Administration calls for returning the cases to state court.

The big takeaway from the IPCC’s latest report is that we’re still falling behind and must do hard things to catch up. It’s time to communicate that differently.

The California Legislature’s new duplex bill shows that lawmakers have had it with resistance to housing.

An upcoming symposium by the Emmett Institute will explore the key climate impacts of IIJA and the IRA and unpack some of the obstacles and controversies around their implementation.

An industry lawsuit against Monterey Aquarium is a blatant assault on free speech.

The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor

State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.

Cleaning up our nation’s air benefits the disadvantaged most of all.

SBX1-2 passes out of the California Senate… but won’t get Californians their money back.

What can we learn from the East Palestine train wreck?

Earlier this month, Minnesota adopted a bold new clean energy plan.

Some counsel for the Justice Department from The Great One.

The decision blocking student housing hardly represents new NIMBY weaponization.

BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.

The Congressional Review Act remains bad for policy and worse for democratic deliberation.

State Watchdog Agency’s Scheduled CEQA Hearings Could Prompt Major Changes to California’s Most Important Environmental Law

Combusting hydrogen could keep natural gas plants online, but they won’t be “green” for years––if ever.

State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.