EPA regulation Archives

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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U.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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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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What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

No, There’s No Scientific Conspiracy About Climate Change

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

A Summer Job, Record Heat, Climate Hope

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Action on Methane

California’s Subnational Initiative

A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

The Climate Overshoot Commission Releases its Report

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Income-Based Electric Bills: Fact and Fiction

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Is Capitalism to Blame?

Some people think we need to abolish capitalism to save the environment.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

EPA regulation

The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.

There’s a lot of law relating to climate change. A lot!

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

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

California’s Subnational Initiative

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Two pending cases could result in big cuts to agency powers

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Some people think we need to abolish capitalism to save the environment.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.