Federal Climate Policy
Do Impossible Regulatory Deadlines Cause Faster Progress?
A: Maybe, but only in a roundabout way. (And at a cost.)
Just about nobody who’s knowledgeable in the field thinks the U.S. electric grid can be made carbon free in ten years. Having spent the past two years lambasting the Trump Administration for ignoring the experts, I’m loathe to disagree with the expert opinion on this one. But even if the ten-year deadline set by supporters …
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CONTINUE READINGScoping Out the Green New Deal
How would we go about decarbonizing the most needy U.S. states?
Progressives are calling for a Green New Deal. The details are still very fuzzy, despite the House resolution introduced by Markey and Ocasio-Cortez. That proposal as a ten-year timetable to eliminate carbon, which is highly unrealistic. Nevertheless, it’s worth thinking about what an all-out effort to decarbonizing the economy would look like. The Green New …
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CONTINUE READINGTo Dream the Impossible Dream
What are the pros and cons of yesterday’s proposal for a Green New Deal?
The Green New Deal proposal introduced by Representative Alexandria Ocasio-Cortez and Senator Ed Markey is a call for drastic action to address climate change. Specifically, section 1(A) says that “it is the duty of the Federal Government to create a Green New Deal . . . to achieve net-zero greenhouse gas emissions through a fair …
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CONTINUE READINGThe Carbon Tax — More Attractive Than Ever
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 …
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CONTINUE READINGObama’s Final Words on Climate Change
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 …
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CONTINUE READINGTrump Has Thrown Down the Gauntlet
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 …
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CONTINUE READINGThe Clean Power Plan Oral Arguments
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. …
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CONTINUE READINGEPA Wins the First Round in Clean Power Plan Litigation
…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 …
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CONTINUE READINGClean Power Plan Litigation Kick-Off
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 …
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CONTINUE READINGHas EPA’s Proposed NSPS Expired?
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 …
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