EPCA preemption
Ninth Circuit Upholds South Coast Zero-NOx Emission Standard for Appliances
The Ninth Circuit limiting EPCA preemption is a huge and important win for clean air.
Last fall I wrote about a strangely important case about boilers, in which the Ninth Circuit would decide whether a challenged zero-NOx air emission standard adopted by LA’s air regulator was lawful. The case is important because it had the potential to significantly constrain the ability of air pollution regulators to do their jobs and …
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CONTINUE READINGThree Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision
This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.
On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly …
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CONTINUE READINGThe fight over California’s greenhouse gas and ZEV car standards continues
UCLA Clinic files amicus brief on behalf of Sen. Carper and Rep. Pallone to uphold standards
Of the many achievements of California’s legendary legislator Fran Pavley, one of the most remarkable is then-Assemblywoman Pavley’s modest bill, AB 1493, which directed California to become the first jurisdiction in the country to control greenhouse gas emissions from cars. That bill, introduced in 2001 and passed the next year, told the California Air Resources …
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