Air Quality
UCLA’s Environmental Law Clinic Files Brief on Behalf of Amici League of California Cities and California State Association of Counties
Brief defends local government authority to regulate oil drilling in face of industry challenge
[Update: The Second District Court of Appeal, Division 5 has rejected all the amicus curiae brief applications filed in this case, including this brief. We will leave this post, and the link to the brief, up on this blog so that anyone interested may see our arguments, but the brief will not be considered in …
CONTINUE READINGSeparated at Birth? No, not really.
Trump’s pro-coal EPA plan equates two legal provisions with little in common.
Trump’s plan for coal-fired power plants, like Obama’s plan to cut carbon emissions, is based on section 111(d) of the Clean Air Act. But much of the legal argument relies on an analogy to section 165 to support EPA’s very restrictive interpretation of section 111(d). It’s that restrictive interpretation that leads the agency to reject …
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CONTINUE READINGNew Policy Brief: How To Deploy Zero-Emission Freight Technologies At Southern California’s Ports
Brief captures key findings from UCLA / UC Berkeley Law conference in June
The environmental law centers at UCLA and UC Berkeley Schools of Law have released a new policy brief that describes the top challenges and solutions for deploying zero-emission freight technologies at Southern California’s ports. Policy Solutions to Boost Zero-Emission Freight at Southern California’s Ports summarizes the key findings from a conference on the topic at UCLA …
CONTINUE READINGWhen Republicans Fought for a Clean Environment
Environmentalism Used to Be a Bipartisan Issue
It is not unreasonable and overly rigid environmental regulations and restrictions that stand in the way of the expanded use of the nation’s coal reserves. It is the reluctance, and at times the refusal, to recognize the very serious health hazards and environmental, social and cultural impacts associated with a rapid rise in coal use. …
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CONTINUE READINGEPA Makes a Pit Stop at the “Chevron” Station
EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.
The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws. I’d like instead to talk about its …
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CONTINUE READINGThe Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)
Important pre-construction environmental review for power plant modifications at risk
Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy …
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CONTINUE READINGThe 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 …
CONTINUE READINGOne State, Two States, Red States, Blue States: Federalism Hypocrisy in Trump’s EPA
Regulatory approaches for vehicles versus power plants show the Trump White House’s true motivation – and it’s not states’ rights.
As my colleague Cara Horowitz has already blogged, the Trump EPA is preparing to announce a Clean Power Plan replacement today, rolling back Obama-era efforts to regulate greenhouse gas emissions from existing power plants. The plan is expected to largely shift the regulatory burden to states, essentially leaving it up to them to decide whether …
CONTINUE READINGDoes the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?
New Article Addresses Hot Spot Pollution and the Clean Air Act
Over the last fifty years, we have made huge progress in cleaning up the nation’s air. Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and …
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CONTINUE READINGWatered Down Standards at the TRUMP CAFÉ
Here are the FAQs about Trump’s proposed rollback.
Trump is proposing to gut CO2 standards for cars, freezing 2020 CAFE fuel-efficiency standards in place for years to come. Without the freeze, the standards would automatically ramp up. He also wants to eliminate California’s ability to set its own standards, which many other states have opted to adopt. Here are seven key questions about …
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