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 …CONTINUE READING
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 …CONTINUE READING
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 …CONTINUE READING
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 …CONTINUE READING
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 …CONTINUE READING
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 …CONTINUE READING
Chinese policymakers learn from California’s pioneering work on air and climate regulation.
We are pleased to announce the launch of a new report on Coordinated Governance of Air and Climate Pollutants: Lessons from the California Experience – authored by me, David Pettit at NRDC, and Siyi Shen. The report is an effort to introduce California’s experience in air and climate regulation to Chinese regulators and researchers. In …CONTINUE READING
Despite Trump’s efforts to save it, the most environmentally destructive fuel is fading quickly.
In the 2016 election, Trump pledged to save coal. Since then, his Administration has pulled out all the stops in this effort, including repeal of dozens of environmental regulations. All for naught. In 2021, U.S. coal use will be 30% below what it is when Trump took office. Coal’s immediate situation is even worse, due …CONTINUE READING
Guest Blogger John Graham: California Court Decision Will Affect Future Use of Carbon Offsets to Mitigate Emissions of Development
The California Court of Appeal Rules San Diego County’s Climate Action Plan Violates CEQA
The challenge to San Diego County’s Climate Action Plan (“CAP”) in Golden Door has been closely watched by many interested in the use of carbon offsets to mitigate GHG impacts in California. Simply put, carbon offsets are mechanisms that reflect off-site GHG reductions—from activities like reforestation—that can, in some cases, compensate for a project’s GHG …CONTINUE READING
Another Trump rollback gets slapped down in court.
A week ago, a federal district court overturned yet another ill-conceived rollback by the Trump Administration. The case, California v. Bernhardt, involved releases of methane, a potent greenhouse gas. The legal flaws in the rollback by the Bureau of Land Management, are all too typical of the Administration’s work product. The Administration has repeatedly lost …CONTINUE READING