Massachusetts v. EPA

Kivalina 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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“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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Newsflash: 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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Shifting 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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