Section 111(d) Archives

Section 111(d)

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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Jumping the Fence Line, Embracing the Grid

Precedent from another agency for the Clean Power Plan.

If you’ve been reading this blog or otherwise keeping up with environmental law, you’ve probably heard this a hundred times: In rolling back Obama’s signature climate regulation, the Clean Power Plan, the Trump Administration is relying on the idea that EPA’s jurisdiction stops at the fence line. That is, according to the Trump folks, EPA …

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Scott Pruitt’s Faulty Logic

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

An earlier blog post pointed to a logical gap in the current EPA’s justification for repealing the Clean Power Plan (CPP), the Obama Administration effort to cut emissions from electrical power plants. He makes an argument that EPA can only base rules on actions that polluters can take within a facility, and jumps from there …

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Gaping Hole in EPA’s Methane Rules

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

In August, EPA released proposed rules to reduce fugitive methane and VOC emissions from oil and gas operations. While this is a significant action in the fight against climate change, and much needed in light of the shale-driven national drilling renaissance, there is a gaping hole in the methane rules that has environmentalists worried — …

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Section 111(d)

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

Precedent from another agency for the Clean Power Plan.

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

TRENDING

In California, They Are

Local measures like Measure W are working. But more needs to be done to capture stormwater and rainwater.

Five decades back, the country was in the midst of unprecedented environmental ferment.

The first in a series that examines the hype around hydrogen production.

The EU has taken a major step to pressure global industries to clean up their act.

Tackling climate procrastination by closing the loopholes in ‘net-zero’ climate goals

Failure To Install Smart Water Meters Is Wasting Billions of Gallons Each Year

UCLA Clinic files amicus brief on behalf of Sen. Carper and Rep. Pallone to uphold standards

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

It’s not easy in today’s polarized politics. But maybe it’s not completely off the table.

A startup firm proposes to sell dubious carbon credits from stratospheric aerosol injection

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

UCLA Clinic files amicus brief on behalf of Sen. Carper and Rep. Pallone to uphold standards

Omnibus’ “Baby YIMBY” Bill Offers An Opportunity For Cities — And For Advocates

Failure To Install Smart Water Meters Is Wasting Billions of Gallons Each Year

Here are the top ten environment and energy developments to watch for.

Tackling climate procrastination by closing the loopholes in ‘net-zero’ climate goals

Los Angeles is about to require that new buildings be electric, but there’s a bigger decarbonization hurdle waiting.

The first in a series that examines the hype around hydrogen production.

New House Rule Designed To Cause Dysfunction