GHG regulation

Guest Blogger Gregory Dotson: Is Scott Pruitt Calling for an Amendment to the Clean Air Act?

EPA Administrator Resorts to Misleading Rhetoric in Possible Prelude to Revisiting Massachusetts v. EPA

Since he was confirmed to lead the U.S. Environmental Protection Agency six months ago, Administrator Scott Pruitt has relied on three points when discussing the issue of climate change. He has cast doubt on the science by claiming it’s difficult to know the human role “with precision.” He has questioned the ability of the agency …

CONTINUE READING

Guest Blogger Alex Jackson: The Way Forward on Cap-and-Trade

Incorporate Elements of SB 775 and AB 378 to Build on a Proven Program

California is in the process of defining the next chapter of its world-renowned climate leadership. Having pioneered a set of policies over the past decade that have put the state on course to meet its greenhouse gas emissions limit in 2020, lawmakers now face the question of what role the state’s cap-and-trade program should play …

CONTINUE READING

Guest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals

SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints

Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach …

CONTINUE READING

Guest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy

By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits

California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. …

CONTINUE READING

Guest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775

The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism

The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the …

CONTINUE READING

“California Alone” Should Not Govern State Climate Policy

SB 775 Turns California Inward and Diminishes Its Role As Global Leader

Last week, Senator Bob Wieckowski (D-Fremont) introduced a new bill, SB 775, that would replace California’s cap-and-trade system with a new approach to regulating California’s greenhouse gas emissions beginning in 2021.  There is much to admire in the new bill, including an aggressive pricing approach that would ensure that California’s carbon price remains high.  The …

CONTINUE READING

The Future of California’s Greenhouse Gas Cap and Trade Program After 2020: A Conversation

Posts on Legal Planet Over the Coming Week, Linked Here, Will Address Pending California Legislation on Cap and Trade from Multiple Perspectives

This post is the preface to a series of posts by multiple authors (including guests) over the coming week (starting May 9) about the future of the state’s cap and trade program for greenhouse gases.  Two bills, AB 378 and SB 775, are being debated by the environmental and environmental justice communities, and our bloggers …

CONTINUE READING

Guest Blogger Ben Levitan: The Tenth Anniversary of Massachusetts v. EPA

The opinion stands for EPA’s responsibility to address climate change based on law and science, and to safeguard public health and the environment under adverse political conditions

If it feels like we’re being inundated with bad news about federal climate policy, here’s a cause for hope: this month marks the tenth anniversary of the Supreme Court’s decision in Massachusetts v. EPA, one of the most important environmental cases in our nation’s history. The Supreme Court’s landmark decision in Massachusetts came when the …

CONTINUE READING

Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

CONTINUE READING

Guest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended

A Reply to Megan Herzog

In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist …

CONTINUE READING

TRENDING