Federal Climate Policy
Due to the latest tax bill, a carbon tax look like a great strategy when the Dems take power again.
Sooner or later, the Democrats will take control of Congress and the White House, just like the Republicans right now. That’s not a political prediction so much as a recognition that the wheel is bound to turn around at some point. At that point, they should give very serious consideration to the possibility of a …CONTINUE READING
Final words as President, that is.
In his Farewell Address, President Obama had this to say about climate change: “Take the challenge of climate change. In just eight years, we’ve halved our dependence on foreign oil, doubled our renewable energy, and led the world to an agreement that has the promise to save this planet. But without bolder action, our children …CONTINUE READING
Trump’s latest cabinet appointment confirms the pattern: he plans to govern from the far Right.
Given that Trump has shifted his positions so often, there’s always been at least a faint hope that he would rethink his vehement opposition to environmental protection. True, he had called climate change a Chinese hoax, but he later said he had an open mind about the Paris Agreement and then he had an apparently …CONTINUE READING
After marathon hearing, EPA comes out on top
Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. …CONTINUE READING
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …CONTINUE READING
Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs
*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …CONTINUE READING
Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111
Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …CONTINUE READING
Considerations for State Regulators Tackling EPA’s §111(d) Proposed Rule
Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled …CONTINUE READING
All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses
Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …CONTINUE READING
The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.
This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. …CONTINUE READING