GHG regulation

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 …

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Guest Bloggers Erica Morehouse and Tim O’Connor of Environmental Defense Fund: 9th Circuit Allows CARB to Enforce the LCFS

(It’s exam season; so, for any remedies students out there this post can count as review!) On Monday, a motions panel at the 9th Circuit Court of Appeals ruled that the California Air Resources Board (CARB) can continue enforcing the Low Carbon Fuel Standard (LCFS).  This decision stayed (pending appeal) a trial court judge’s preliminary …

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New journal issue on using the Clean Air Act to address greenhouse gas emissions

UCLA’s Journal of Environmental Law and Policy has just published its current issue, Volume 30, with all its content available free online in pdf format.  This volume is a special symposium issue, featuring articles relating to the use of the Clean Air Act to address greenhouse gas emissions.  Several of the articles’ authors were speakers …

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Election review: what message did voters send about the environment, and how will politicians react?

It’s natural, in reflecting on the recent election, to ask whether and to what extent the results reflect public values about protection of the environment.  (Well, at least for me, since I spend my time thinking about these things.)  My answer: not much.  But the election’s impacts on environmental issues will still be significant. While …

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