Massachusetts v. EPA
The SG Brief in Connecticut v. AEP: WORSE than you think
Okay, so it’s bad enough that the Obama Administration has decided to unilaterally disarm itself in the struggle against climate change. For you law geeks out there (and you know who you are), the SG has gone even further to make these suits impossible in the future. It does this by arguing that the state attorneys …
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CONTINUE READINGKivalina nuisance suit dismissed
As Jonathan noted (here and here) last month, after a lengthy delay, the 2d Circuit ruled that a public nuisance suit brought by states and environmental groups against major power producers based on their greenhouse gas emissions did not pose a non-justiciable political question, and that the plaintiffs had standing. That ruling has obviously not …
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CONTINUE READING“Smoking gun” OMB memo on EPA climate change rulemaking is not what it seems
As Dan has mentioned, there has been a bit of a dust-up over a document in EPA’s rulemaking docket relating to EPA’s recent finding that greenhouse gases pose an endangerment to public health and welfare. As Dan notes, the memo, apparently originating at the White House Office of Management and Budget (OMB), is harshly critical …
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CONTINUE READINGNewsflash: EPA Proposes Clean Air Act Climate Regulation
From the Washington Post: The Environmental Protection Agency today plans to propose regulating greenhouse gas emissions on the grounds that these pollutants pose a danger to the public’s health and welfare, according to several sources who asked not to be identified. We’ll post more details and analysis as they become available. ——– The proposal is …
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CONTINUE READINGShifting the Regulatory Status Quo: The Case of Climate Change
A basic insight of positive political theory is that the existence of veto points makes it possible for an agenda setter to substantially influence political outcomes. Essentially, an outcome is viable so long as it satisfies a basic condition: it must be closer than the status quoto to the optimum outcome for at least one …
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