Air Quality

Today Versus 2008

Despite Trump’s efforts, he couldn’t actually reset the clock to the pre-Obama era.

Obama moved us forward. Trump moved us backwards. Are we back where we began? No. Biden starts from a significantly stronger position than Obama did in 2008. In 2008, like today, the outgoing Republican President had adamantly opposed climate action, favored the oil and gas industry, and turned a cold shoulder toward environmental regulation.  Trump …

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The Clean Air Act Turns Fifty

A half century of progress in cleaning up the air began New Year’s Eve 1970.

On December 31, 1970, President Richard M. Nixon signed the Clean Air Act.  William Ruckelshaus and Russell Train, who later led the way in implementing the new law, stood by his side with beaming smiles.  Nixon supported the basic features of the bill. But he had considered vetoing the final version because Senator Ed Muskie …

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California’s Environmental Justice Policies Should Serve as A Model for the Biden-Harris Administration

AB 617’s Program to Reduce Hot Spot Pollution, Port Programs, Zero Emission Trucks Could Go National

No Presidential ticket has come into office more committed to environmental issues than President-elect Joe Biden and Vice President-elect Kamala Harris.  Appropriately, climate change is at the top of their agenda.  They are also committed to advancing environmental justice by addressing the disproportionate environmental harms many low income communities of color face. California is often …

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What Could Trump Do with Four More Years?

He’s already rolled back almost everything Obama did.  What next?

Given that Trump has rolled back nearly all of Obama’s regulatory efforts, what further harm could he do?  Quite a bit as it turns out.  If you agree with him that regulation achieves nothing and only stands in the way of prosperity, that should make you very happy. To begin with, Trump can do more …

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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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40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS

EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.

This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …

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Guest Contributor Samantha Zurcher: The Current State of Wildfire Liability in California

Wildfire Grows Rapidly In California s Lake County. Bjorgialt; Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

Wildfires Are Ravaging California. Can Electric Utilities Take the Heat?

In recent years, California has experienced its largest and deadliest wildfires in history, resulting in hundreds of fatalities and more than $50 billion in damage. The confluence of rising temperatures, less rainfall, and strong winds signal that the annual “wildfire season” is here to stay, and will continue to proliferate. Every year, thousands of Californians …

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Newsom’s Gas Car Phaseout is a Big Step Forward for California

A long road ahead, but undoubtedly moving in the right direction

On Wednesday, Governor Newsom issued an executive order that, among other things, directed the California Air Resources Board to develop regulations moving the state to 100 percent zero-emission passenger vehicles by 2035. The order is a long way from taking effect–at a minimum, ARB’s rulemaking process will take many months, any regulations would involve a …

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When Republicans Supported the Environment: Bush 41

The GOP wasn’t always the sworn enemy of environmental protection.

Younger people today probably know about George Herbert Walker Bush (R) as the father of George W. Bush and (perhaps) as the architect of the first Iraq War. But he also had some notable environmental achievements to his credit. Here are some of his accomplishments: Air Pollution Law. The 1990 Clean Air Act Amendments were …

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Fighting for Clean Air in Imperial County, California

UCLA Emmett faculty team up with environmental justice group to file amicus brief in Clean Air Act case.

Air pollution has devastating health effects in many of California’s inland communities. That’s the case for rural Imperial County, where one in five children suffer from asthma, double the state rate, due to high levels of air pollution from highway traffic, farming and livestock operations, desert dust, and industry in Mexicali, a large city just …

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