Air Quality

Pollution Control as Climate Policy

Tightening air quality standards will also reduce carbon emissions.

The Biden Administration is slowly grinding away at an important regulatory task: reconsidering the air quality standards for particulates and ozone.  Setting those standards is an arduous and time-consuming process, requiring consideration of reams of technical data. For instance, a preliminary staff report on fine particulates (PM2.5) is over 600 pages long. When the process …

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Environmental Justice, Truck Pollution, and the Biden EPA

How will EPA integrate EJ into its rule making? The answer remains murky.

EPA recently released a notice of proposed rulemaking for pollution from new heavy-duty vehicles. I was interested to see how environmental justice figured into the analysis, looking for clues about how the Biden Administration plans to make EJ part of decision making.  What I found wasn’t very enlightening. Perhaps they’re still trying to come up …

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(Mis)Estimating Regulatory Costs

EPA’s cost estimate for its mercury rule was way, way off.

In describing cost-benefit analysis to students, I’ve often told them that the “cost” side of the equation is pretty simple. And it does seem simple: just get some engineers to figure out how industry can comply and run some spreadsheets of the costs. But this seemingly simple calculation turns out to be riddled with uncertainties, …

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Air Quality as Environmental Justice

National air quality standards may be among the most powerful levers for environmental justice.

The environmental justice movement began with a focus on neighborhood struggles against toxic waste facilities and other local pollution sources.  The EJ focus now includes other measures to ensure that vulnerable communities get the benefit of climate regulations. The most powerful tool for assisting those communities, however, may be the National Ambient Air Quality Standards …

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Mary Nichols’ new role at the Emmett Institute

Mary Nichols speaks at UCLA Law

This post is co-authored by Daniel Melling, communications manager at the Emmett Institute The New York Times reported last week that the Biden administration is preparing to restore California’s waiver to set greenhouse gas auto emissions standards stricter than the federal government’s rules. It’s the latest episode in a regulatory saga stretching back to the …

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Breaking Up with Fossil Fuels

It’s not us. It’s you.

WORLD: Thanks for the card. . . . But I think we need to talk. FOSSIL FUEL INDUSTRY: About what? W: About us. FFI: About us?? Can’t it wait until some other time? This is Valentine’s Day, and I’ve made plans for us.  Big plans. W: The pandemic has given me a lot of time …

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Frank G. Wells Clinic Faculty File Amicus Brief on Behalf of Law Professors in California Restaurant Association v. City of Berkeley

Supporting Berkeley’s ability to decide where utility infrastructure may be built

This week, as part of the Frank G. Wells Clinic in Environmental Law, Cara Horowitz, Julia Stein, and I filed an amicus curiae brief on behalf of seven law professors in the Ninth Circuit case California Restaurant Association v. City of Berkeley, in which the California Restaurant Association (CRA), an industry association, is challenging a …

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More on How the Vaccine Mandate Cases May Impact Climate Policy

How much is the Court likely to prune back EPA’s powers?

In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions.  I think it’s worth unpacking both the Court’s opinions a little more and the issues at stake in a pending climate change case, West Virginia v. EPA. The Court ruled in …

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Everyday Christmas: The Gift of the Commons

Clean air. Clean water. We receive these public goods every day without payment

One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. George Bailey, Stewart’s character, is despondent about his life but then learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming, if also a bit corny. There’s a flip side to that story: the need to remember …

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The Latest Chapter in Los Angeles’ Century-Long Water War With the Eastern Sierra’s People & Environment

LADWP’s Unilateral Revocation of Water Allocation to Mono County’s Farmers & Ranchers Triggers County’s CEQA Challenge

There LADWP goes again. Recently the Los Angeles Department of Water and Power announced it was walking away from its longstanding obligation to provide Mono County residents and the environment with a tiny fraction of the water it transports from Mono County to LADWP’s urban customers in Los Angeles.  When efforts by county officials to …

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