greenhouse gas regulation

Scott Pruitt: “What, me worry?”

The right question about greenhouse gas emissions is not whether there is an “ideal” global temperature regime, but what problems rapid regime shifts produce

(Readers of a certain age will understand the reference, and see the resemblance. If that’s not you, never mind. But read on for a little less snark and a little more analysis.) According to the Washington Post, EPA Administrator Scott Pruitt wondered in a television interview Tuesday whether global warming “necessarily is a bad thing,” …


EPA 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 …


Resources on the Clean Power Plan

and EPA’s Other Rulemakings under Clean Air Act § 111

On August 3rd, EPA released its long-awaited Clean Power Plan, which implements Clean Air Act § 111(d) to set the first-ever national standards for carbon emissions from existing fossil-fuel-fired power plants. The Clean Power Plan calculates reasonably achievable performance rates for existing coal, oil, and natural gas power plants across the country, and assigns an …


The Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers

For several years now, large law firms have sought work related to climate change, though prior to President Obama’s election the work was relatively thin. Sure there were challenges to California’s legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and …


AB 32 Lawsuit: Assessing the Environmental Justice Arguments Against Cap and Trade

As Cara wrote yesterday, a California court has put AB 32 on hold temporarily on the grounds that in preparing its scoping plan, the California Air Resources Board failed to assess alternatives to its plan with appropriate detail.  In particular, the court took issue with CARB’s failure , under the California Environmental Quality Act, to …


Court issues final ruling in AB 32 challenge — enjoins implementation of AB 32 scoping plan pending CEQA fixes

On Friday, a California superior court judge handed down his decision in the challenge, brought by environmental justice advocates, to the state’s implementation of AB 32, California’s landmark Global Warming Solutions Act. The decision is available here.  More analysis to come.  On first read, the decision looks very similar to the tentative decision issued by the …


Californians still support action to reduce greenhouse gas emissions, according to new report

California, for better or worse, is still a bellwether state on many public policy issues.  Public opinion here matters, not just as a predictor of our state’s future political direction, but also nationally.  And California’s residents’ opinions about environmental issues are particularly important, given our state’s leadership on environmental issues.  Right now, there is a …


CO2 and the Clean Air Act

New EPA Administrator Lisa Jackson has granted the Sierra Club’s petition to reconsider a memorandum issued by outgoing Administrator Stephen Johnson in December. Almost two years after the Supreme Court declared, in Massachusetts v. EPA, that CO2 is an “air pollutant” for purposes of the Clean Air Act, this announcement, paired with the decision to …