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Air Quality as Environmental Justice
National air quality standards may be among the most powerful levers for environmental justice.
The environmental justice movement began with a focus on neighborhood struggles against toxic waste facilities and other local pollution sources. The EJ focus now includes other measures to ensure that vulnerable communities get the benefit of climate regulations. The most powerful tool for assisting those communities, however, may be the National Ambient Air Quality Standards …
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CONTINUE READINGGuest Blogger Nick Bryner: Cooking the Books While Cooking the Planet: A First Look at the EPA’s ACE Rule
Final Rule Changes Baseline Assumptions & Approach to Cost-Benefit Analysis in Attempt to Justify Weak Standards
Yesterday, the Trump EPA released its long-awaited response to the Obama-era Clean Power Plan. At first glance, the final rule has been carefully crafted in an attempt to avoid several glaring legal vulnerabilities of the rule—and to obscure the obvious inadequacy of the Administration’s response to climate change. The EPA has found many contradictory ways …
CONTINUE READINGEmmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also …
CONTINUE READINGSetback for EPA in Regulating Gases with High Global Warming Potential
DC Circuit vacates 2015 rule on HFCs
Today, the D.C. Circuit Court of Appeals vacated a 2015 EPA rule targeting the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases that are used as refrigerants and propellants for a variety of purposes as a substitute for ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). The court’s decision is a setback for President Obama’s …
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CONTINUE READINGCutting Through the Smog
New research highlights the importance of reducing ozone pollution and suggests ways to do it.
As a change of pace, here’s a post that’s not about Trump, Pruitt, or their friends in Congress. Two recent papers highlight the importance of EPA’s tightening of the air quality standard for ozone and suggest some ways of doing so that could be more acceptable to industry. (We’re talking about ground-level smog here, not …
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CONTINUE READINGLost in the Ozone Again
The Ozone Standard, Regulatory Pragmatism, and the Rule of Law
EPA issued a new regulation last week that mandates a reduction in ozone levels to 70 ppm from the current 75 ppm (originally set by the Bush Administration). The new regulation was immediately attacked by industry and environmentalists. According to industry, the regulation will be a job-killing burden on the economy. According to environmentalists, …
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CONTINUE READINGThe Ozone Rule: What Sunstein Didn’t Say
On September 2, Cass Sunstein wrote a letter to Lisa Jackson about the ozone rule, “requesting” that EPA withdraw the regulation. Beyond the fact that it was written at all, the letter is remarkable for its significant silences: Although the letter notes that the rule was based on science that is five years old, it …
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CONTINUE READINGTwo weeks of protest against Keystone XL ends Saturday
Two weeks of civil disobedience and protest against the Keystone XL pipeline ends this Saturday (Sept. 3), with a rally and final sit-in. Over 1,000 people have been arrested, including my former professor , Gus Speth. The protestors want President Obama to deny a permit to construct a pipeline to bring oil from Canadian tar …
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CONTINUE READINGBriefly noted: four recent federal appellate decisions
Here are links to and brief descriptions of four interesting recent decisions from federal appellate courts: Wilderness Society v. Kane County, 10th Cir., en banc, 1/11/2011. This decision is the latest in a long-running dispute over the extent to which Kane County in southern Utah can authorize the use of off-road vehicles on federal lands. …
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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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