Section 111(d) Archives

Section 111(d)

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

The release of Biden’s new climate regulations for power plants will unleash a maelstrom of legal and political battles. One key question: Will the Supreme Court short circuit the litigation process by staying the rules.

The Utility Response to EPA’s Climate Rules

The power industry apparently shares some progressive doubts about CCS and hydrogen

There are three big takeaways from the utility industry’s comments on EPA’s proposed new climate rules. First, the industry seems to share progressive concerns about whether we can count on hydrogen and CCS (carbon capture and sequestration). Second, the industry doesn’t invoke the major question doctrine, making it clear that it does not view such …

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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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What the Supreme Court Left Standing

No, the Court didn’t eliminate EPA’s ability to fight climate change.

The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. Here’s the EPA authority the Court hasn’t touched: EPA’s jurisdiction over greenhouse gases. …

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West Virginia v. EPA: A Quick Explainer

This video lays out the issues, what the Court did, and where EPA can go from here.

The Supreme Court Curbs Climate Action

The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.

Today, the Supreme Court decided its most important environmental case since 2007. We didn’t dodge the bullet. It’s more than a flesh wound but it didn’t hit any vital organs . Chief Justice Roberts’s majority opinion leaves EPA other options to reduce carbon emissions from coal-fired power plants. It also gives a fairly narrow reading …

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Major Questions About Today’s Big Climate Case

Here’s what you need to know about today’s oral argument in W. Va. v. EPA

The Supreme Court is hearing oral argument this morning in West Virginia v. EPA. The case is a challenge by the coal industry and coal states to EPA’s power to limit carbon emissions by power plants. Here’s what to look for today. Q: What is the case about? A: In practical terms, the question is what EPA …

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Biden’s Dilemma: Limiting Carbon from Existing Power Plants

It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama Administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump Administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what? It wouldn’t be hard to redo the Obama policy …

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Short and Simple Climate Legislation

With a few sentences, Congress could do a lot to fix the law.

The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business. But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …

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Trump’s ACE Rule Hits a Judicial Speed Bump

The judges seemed skeptical of Trump’s Affordable Clean Energy rule last week

The D.C. Circuit Court of Appeals heard oral arguments about Trump’s Affordable Clean Energy (ACE) rule last week. The ACE rule is a feeble substitute for Obama’s Clean Power Rule, which was Obama’s signature climate action regulating power plants. The argument went badly for the Trump folks. Even Judge Justin Walker, a 38-year-old whose main …

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LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Section 111(d)

Media battles. Lawsuits. Stay requests. And political mayhem.

The power industry apparently shares some progressive doubts about CCS and hydrogen

Will the major questions doctrine block EPA’s proposed rules?

No, the Court didn’t eliminate EPA’s ability to fight climate change.

This video lays out the issues, what the Court did, and where EPA can go from here.

The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.

Here’s what you need to know about today’s oral argument in W. Va. v. EPA

It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.

With a few sentences, Congress could do a lot to fix the law.

The judges seemed skeptical of Trump’s Affordable Clean Energy rule last week

TRENDING

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.