Massachusetts v. EPA
Conn. v. AEP: Never Underestimate Congressional Power to Do Damage
Dan’s and Rick’s posts very helpfully summarize the impacts of the Court’s decision today. (They were also probably written at the same time: great minds think alike). But I’m a little more pessimistic than Dan is concerning Congressional action. He suggests that the decision makes it more complex for Congress to repeal EPA jurisdiction since …
Continue reading “Conn. v. AEP: Never Underestimate Congressional Power to Do Damage”
CONTINUE READINGThe 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 …
Continue reading “The Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers”
CONTINUE READINGMore Garbage Conservative Constitutional Theory
James Joyner is one of the few conservatives who actually try to come up with intellectually coherent policy positions, and he often does. So maybe we should give him a pass when he blows it. But wow, is this one a doozy. The EPA has decided to begin to issue greenhouse gas regulations, as it …
Continue reading “More Garbage Conservative Constitutional Theory”
CONTINUE READINGThe 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 …
Continue reading “The SG Brief in Connecticut v. AEP: WORSE than you think”
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 …
Continue reading “Kivalina nuisance suit dismissed”
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 …
Continue reading ““Smoking gun” OMB memo on EPA climate change rulemaking is not what it seems”
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 …
Continue reading “Newsflash: EPA Proposes Clean Air Act Climate Regulation”
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 …
Continue reading “Shifting the Regulatory Status Quo: The Case of Climate Change”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
