public health

State Air Regulations Can Go Above and Beyond National Standards 

State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met. 

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA) under the federal Clean Air …

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How Garden-Variety Air Pollution Regulation Promotes Environmental Justice

Cleaning up our nation’s air benefits the disadvantaged most of all.

Evidence is mounting that air pollution regulation is an effective way of reducing  health disparities between disadvantaged communities and the population as a whole. The basic reason is simple: Air pollution is the biggest environmental threat to poor communities and communities of color.  As the American Lung Association has said: “The burden of air pollution …

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Why the Bay Area’s Zero-Emission Appliance Rule is a Big Deal

BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.

Air quality officials in the San Francisco Bay Area just made history by moving to adopt the nation’s first rules phasing out new gas-fueled water heaters and furnaces in homes and businesses within about eight years. This action serves as a major step in the effort to curb health-harming and planet-warming emissions from buildings. Several cities …

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Deregulation, Normal Accidents, and the Airborne Toxic Event

What can we learn from the East Palestine train wreck?

Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away.  Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms …

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The Obesity Pandemic

It’s a global phenomenon, with poorly understood causes. But there’s no point in blaming the victims.

I’ve written in the past about the American obesity epidemic. Obesity rates have continued to climb in the United States, though the rate of increase has leveled out. But obesity is also on the rise globally. The obesity rate has increased everywhere. In nine countries, at least one out of five people is now obese: …

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Does Ideology Kill?

Interpreting the association between conservatism and COVID death rates.

There is mounting evidence of an association between conservative politics and COVID impacts. Indeed, the higher death rate among Republicans may even have swung some close elections. A recent study sheds light on how ideology and death rates interact. As the Washington Post reports, the results were striking:  “Covid death rates were 11 percent higher …

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Pollution Control as Climate Policy

Tightening air quality standards will also reduce carbon emissions.

The Biden Administration is slowly grinding away at an important regulatory task: reconsidering the air quality standards for particulates and ozone.  Setting those standards is an arduous and time-consuming process, requiring consideration of reams of technical data. For instance, a preliminary staff report on fine particulates (PM2.5) is over 600 pages long. When the process …

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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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Frank G. Wells Clinic Faculty File Amicus Brief on Behalf of Law Professors in California Restaurant Association v. City of Berkeley

Supporting Berkeley’s ability to decide where utility infrastructure may be built

This week, as part of the Frank G. Wells Clinic in Environmental Law, Cara Horowitz, Julia Stein, and I filed an amicus curiae brief on behalf of seven law professors in the Ninth Circuit case California Restaurant Association v. City of Berkeley, in which the California Restaurant Association (CRA), an industry association, is challenging a …

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When Agencies Fail  

Lives can be lost when agencies fall down on the job.

What happens when agencies fail in their jobs? People can die. The most dramatic example is the opioid crisis, in which a whole series of state and federal agencies fell short.  The result has been hundreds of thousands of deaths. The FDA was one of the prime culprits. It bought into a myth, carefully cultivated …

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