EPA
What Happens If EPA Revokes the Endangerment Finding?
The action would mean full-blown warfare against all things climate.
We are likely to learn next week if the Trump Administration will eviscerate the most important climate regulations the Biden Administration issued over the last four years. Under Trump’s “Unleashing American Energy” Executive Order, EPA Administrator Lee Zeldin is supposed to recommend by February 19 whether to reverse the central basis for much of the …
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CONTINUE READINGDOGE: A Dodgy Path to Deregulation
It’s supposed to be cost-saving, but the savings are trivial on the scale of the federal budget.
Musk and Ramaswami have said that their DOGE project will cut the federal budget by eliminating unnecessary regulations and cutting regulatory agencies. Putting aside what “unnecessary” means here, that’s not even going to be a downpayment on the kind of budget cuts they’re seeking. The numbers are pretty simple. Suppose they eliminated EPA entirely. That …
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CONTINUE READINGEPA Grants California’s Waivers for Clean Cars and Clean Trucks
By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.
EPA just made the incoming Trump Administration’s efforts to stop the move toward clean, zero emission vehicles a whole lot tougher. And ironically, the U.S. Supreme Court’s controversial decision overturning deference to agency actions, Loper Bright v Raimondo, may help California in any litigation over the legitimacy of the waiver request. EPA finally granted California …
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CONTINUE READINGTrump & Environmental Policy: The Sequel, Part I
Expect a lot of the same, but there could be some new twists.
They say that history never repeats itself, but it often rhymes. As in many sequels, there will be many things we’ve seen before. Much of that consisted in an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around. This will include massive regulatory rollbacks and expansion of fossil fuels regardless of environmental harms.
CONTINUE READINGGrid Experts Weigh in on EPA’s Power Plant Emissions Rule
The U.S. Supreme Court denied an emergency stay in West Virginia v. EPA, a challenge to EPA’s rule. Our UCLA Law clinic submitted a brief on behalf of grid experts in the case at the D.C. Circuit.
Earlier this year, the U.S. Environmental Protection Agency finalized emissions standards for greenhouse gases from power plants under Clean Air Act, Section 111(d). The rule sets pollution limits for existing coal plants and some new gas plants based on carbon capture and sequestration. In West Virginia v. EPA, a spate of states and industry parties …
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CONTINUE READINGWhy is EPA “Faceless”?
People complain about faceless bureaucrats. At least in part, that could be fixed.
How many people can name the head of EPA or even know the title of that office? About 5% of the population, would be my guess. Apart from Scott Pruitt, who became famous for his $20,000 phone booth, few people outside of the field could name any previous holder of the office.
CONTINUE READINGClean Air and the Turbocharged Shadow Docket
Guest Contributors Sean Donahue & Megan Herzog write that coal advocates offer troubling new grounds for the Supreme Court to stay EPA’s carbon pollution standards.
The Supreme Court is currently considering eight emergency (or “shadow docket”) requests from coal advocates (coal-mining companies, coal-burning electricity generators, and allied State attorneys general led by West Virginia) to bar implementation of new EPA rules limiting carbon pollution from coal- and gas-burning power plants while legal challenges to the rules proceed—what is known as …
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CONTINUE READINGIs Loper v. Raimondo Really the Power Grab Commentators Assume?
The Supreme Court has already grabbed power from agencies through the major questions doctrine.
Headlines about today’s decision in Loper v Raimondo overturning the 40 year-old decision in Chevron v NRDC that granted agencies deference in their interpretation of ambiguous statutes focus on the “massive power grab,” the decision’s “sweeping” nature and call it a “blow” to the administrative state. My view may be idiosyncratic but I don’t view …
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CONTINUE READINGEverywhere and Forever All at Once: PFAS and the Failures of Chemicals Regulation
Environmental law helped create a world awash in toxic chemicals. It’s time to think about how regulation can operate as a form of green industrial policy for chemicals.
This post was originally published on the Law & Political Economy Blog as “How Environmental Law Created a World Awash in Toxic Chemicals.” Earlier this spring, the Biden administration finalized two important rules targeting a small subset of so-called forever chemicals: one establishing drinking water standards for six such chemicals and the other designating two …
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CONTINUE READINGThe Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to …
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