Air Quality
The Woeful Economics of a Misguided Rollback
The costs of Trump’s rollback of key climate rules far outweigh any benefits.
Trump’s rollback of regulations limiting emissions from power plants is an economic disaster. According to economists, health damages far exceed savings from lower compliance costs. Just considering health impacts alone, the net cost of the rollback will be $129 billion through 2050. Climate damages add another $148 billion in costs.
CONTINUE READINGWhat Do Bureaucrats Maximize?
New research demonstrates that governments can reduce intractable emissions problems — if they have the right incentives
It’s no secret that Delhi has perhaps the worst air quality in the world, and it’s also no secret that crop-burning in nearby agricultural areas is one of the principal causes (along with topography). But what can you do about it? It’s illegal already, but because crop-burning is a cheap and effective way to get rid …
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CONTINUE READINGHow Methane Satellites Work and Why it Matters
This new UCLA Law report aims to help policymakers understand the science and utility of methane satellites.
These days, I’ll take progress on climate change where I can get it. And one place to look right now is up — literally. New satellites are providing never-before-seen data about global methane sources, helping policymakers, industry, and others target that superpollutant in new ways. Today, some colleagues at UCLA Law and I are releasing …
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CONTINUE READINGDear 2025 1L:
Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.” The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!
CONTINUE READINGData Center Permitting: A Roadmap
AI is fueling a surge in data center construction. Here’s what you need to know.
Data Centers have significant environmental footprints, which is going to raise several permitting issues except for those using clean energy sources. The permitting issue are mapped out in this post. The Trump Administration is clearly going to do its best to free the industry from environmental limits. We’ll see how successful that is going to be.
CONTINUE READINGDoes the Law Require Cost-Benefit Analysis?
According to the D.C. Circuit, the answer is no.
Putting aside the particulars of the case, it seems wrong to apply the same standard (monetized cost-benefit analysis) to every provision in environmental law. These provisions have different language, reflecting differences in congressional priorities. Some provisions, for instance, may be designed push industry to find innovative solutions; others may reflect Congress’s value judgments or a desire to limit EPA’s discretion. We shouldn’t assume that the myriad differences in statutory language are irrelevant and that Congress wanted agencies to adopt the same method of making decisions in every case.
CONTINUE READINGA Very Bad House Vehicle Pollution Bill
The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining
It can be hard to keep track amid all the hair-raising developments in Congress and at the Supreme Court, but last week, a group of House Republicans led by Roger Williams of Texas introduced the Fuel Emissions Freedom Act, hot on the heels of the purported (illegal) termination of California’s vehicle emissions standard waiver. This freedom-to-pollute …
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CONTINUE READINGThe Emperor’s New Endangerment Theory (Part II)
To justify a decision not to regulate CO2 from power plants, EPA had to twist statutory language beyond all recognition.
According to EPA, carbon emissions from the U.S. power sector are too insignificant to warrant regulation. This is a bizarre conclusion: U.S. power sector’s emissions are around 6.5 billion tons, just below Russia’s total emissions from all sectors. To reach this conclusion, EPA has proposed a novel reading of the Clean Air Act. In EPA’s view, before it could regulate those emissions, it would first have to make a formal finding that they “cause or significantly contribute” to climate change, and (2) that this has to be judged on the basis of the sector’s percentage of total global carbon emissions. The statute doesn’t say either of those things.
CONTINUE READINGA Path Forward for Vehicle Electrification?
It’s been a rough few months for vehicle electrification efforts in the United States. While Congress swaps proposals to eliminate federal electric vehicle purchase, manufacturing, and charging incentives in order to “pay for” massive tax cuts for the wealthy, President Trump last week signed a Congressional Review Act resolution that claims to eliminate California’s nation-leading …
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CONTINUE READINGImmigration Raids are an Attack on Climate
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
It’s hard to watch the Trump administration test drive authoritarianism in California. Since the inauguration, I’ve found solace in slowly rewatching The West Wing, a good bedtime story for anyone who feels nostalgia for partisan politics of yesteryear. Anyone else doing this? It’s uncanny how my rewatching has lined up with real world events. In …
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