USEPA

The Costs, Benefits, and Health Impacts of EPA’s Proposed Replacement for the Clean Power Plan

EPA’s New Proposed Rule Will Cost Billions of Dollars, Largely in Health Impacts and Avoidable Mortality

As my colleagues Cara Horowitz and Meredith Hankins, and others, including the New York Times, have reported, the Trump EPA today proposed a replacement rule for the Clean Power Plan, which was a plan to transform our electrical grid away from coal (with associated health and climate benefits). The essence of the new proposal is to replace …

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South Carolina Federal Court Blocks Trump EPA Attempt to Suspend Clean Water Rule

G. H. W. Bush Appointee Issues Nationwide Injunction Because Agency Rescinded Prior Rule Without Public Discussion of the Rule’s Merits

Today, Hon. David Norton of the Federal District Court for the District of South Carolina (an appointee of George H. W. Bush) issued a nationwide injunction barring the implementation of the so-called “Suspension Rule” that effectively rescinded the Waters of the United States Rule (also called the WOTUS Rule or the Clean Water Rule) previously issued …

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The Trump Administration’s False Stories About the Environmental Protection Agency Are Meant to Take the Agency Down

Donald Trump and Scott Pruitt Distort the Facts About EPA’s Mission, History, and Success

The Trump Administration has made clear its plans to systematically dismantle the Environmental Protection Agency.  Destroying the EPA will be a key element of the administration’s fight, in the words of White House policy advisor Steve Bannon, to achieve the “deconstruction of the administrative state.”  [Update 8/22/17: Bannon is out, but that doesn’t change the Administration’s …

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Guest Bloggers Alice Kaswan and Kirsten Engel: Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

New Report Analyzes Potential for Further Emissions Reduction from Existing Sources

Guest post by Alice Kaswan (University of San Francisco School of Law), Kirsten H. Engel (University of Arizona School of Law) It’s been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of …

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Major Settlement Announced in Volkswagen Emissions Fraud Litigation

$14.7 Billion Civil Enforcement Settlement is a Victory for Consumers, Environmental Prosecutors

Federal and state environmental prosecutors today announced a proposed settlement of government civil enforcement litigation they’ve pursued against Volkswagen in response to the automaker’s acknowledged efforts to cheat federal and state auto emission standards and defraud consumers.  The complex settlement, lodged with the assigned U.S. district court judge in San Francisco, requires Volkswagen to pay …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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Deconstructing Today’s U.S. Supreme Court Arguments in Utility Air Regulatory Group

The EPA Could Well Lose This Challenge to Its Greenhouse Gas Reduction Efforts

The Supreme Court heard oral arguments today in the most important environmental law case of the current Term: Utility Air Regulatory Group v. Environmental Protection Agency. Based on those arguments–and, more importantly, the justices’ questions and comments–it appears that EPA’s efforts to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s …

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Deconstructing Today’s Supreme Court Arguments in Decker v. Northwest Environmental Defense Center

Legal Planet colleague Holly Doremus did an excellent job last week of previewing today’s U.S. Supreme Court arguments in Decker v. Northwest Environmental Defense Center, a potentially important case involving the scope of  USEPA’s point source permit jurisdiction under the Clean Water Act.  But given the results of those arguments and a major, late-breaking regulatory …

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DC Circuit’s Unanimous Decision to Uphold Greenhouse Gas Rules Across the Board Major Victory for EPA

As Dan just noted, the U.S. Court of Appeals for the D.C. Circuit — in a unanimous decision — handed the U.S. EPA a sweeping victory in upholding across the board four separate components of the agency’s rules to regulate greenhouse gas emissions.  The opinion can be found here. A little background is in order …

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Supreme Court Sides With Property Owners in Wetlands Dispute With USEPA

The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …

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