federal climate regulation

A Big Win for Climate Regulation

The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

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Short and Simple Climate Legislation

With a few sentences, Congress could do a lot to fix the law.

The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business.  But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …

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Has 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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