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EPA and the Student Loan Decision
Will the major questions doctrine block EPA’s proposed rules?
Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …
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CONTINUE READINGDriving away gasoline for good
Senator Chuck Schumer’s proposal is “Cash for Clunkers” again, at unprecedented scale
Last week, Senate Democratic Minority Leader Chuck Schumer published an op-ed in the New York Times describing a new federal proposal for replacing all gasoline-powered vehicles in the U.S. with zero emission vehicles by 2040. This is a laudable goal and a great opportunity – comprehensive federal policy to replace all gasoline-powered vehicles with zero-emission …
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CONTINUE READINGWhy California gets to write its own auto emissions standards: 5 questions answered
Authored by Nicholas Bryner and Meredith Hankins
Rush hour on the Hollywood Freeway, Los Angeles, September 9, 2016. AP Photo/Richard Vogel This article was originally published on The Conversation. Read the original article. Editor’s note: On April 2, Environmental Protection Agency Administrator Scott Pruitt announced that the Trump administration plans to revise tailpipe emissions standards negotiated by the Obama administration for motor …
CONTINUE READING“States’ Rights” and Environmental Law: California on the Front Lines
EPA’s Assault on Air Quality Protection Will Aim at California’s Standards, While Other States Have Given Up Their Authority to Protect Public Health and the Environment More Strictly
This article just published in the Atlantic explains well one of the many ways that EPA Administrator Scott Pruitt may attempt to deeply harm our environment for decades to come: through declining to grant, or revoking, the waivers that allow California to regulate air pollution from new motor vehicle engines more strictly than the federal government does. …
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CONTINUE READINGThe new and improved EPA
Since I’ve suggested elsewhere on this blog that EPA might not yet have achieved full vertebrate status with respect to mountaintop removal mining, I should acknowledge some of the positive steps the agency has taken recently. Three examples: EPA and the Department of Transportation jointly proposed new fuel efficiency/greenhouse gas emission standards for cars and …
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CONTINUE READINGNo wavering in waiver battle
No one is backing down yet in the multiple battles over California’s request for a Clean Air Act waiver to allow it to implement its rules limiting greenhouse gas emissions from cars and trucks. EPA’s announcement that it would reconsider the Bush administration’s denial of that request was published in the Federal Register on March …
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