Air Quality
Why is Newsom vetoing SB 1?
Comparing the Governor’s statements with the text of the bill
The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas. However, Governor Newsom has indicated he will veto SB 1, on the grounds that …
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CONTINUE READINGWhy are automakers fighting Trump’s emissions rollback?
The answer may lie in the electric vehicle investments the industry is busy making
As we move ever deeper into an all-out legal war between California and the Trump Administration over rollbacks of automobile emissions standards (something Ann, Cara, and Julia have been covering very well), I want to explore in a little more depth why the automakers have been so resistant to Trump’s rollback efforts. The auto industry …
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CONTINUE READINGWelcome to the Next Phase of the Great California-Trump Car Wars
First lawsuit filed, more to come
California didn’t wait long to file its first court challenge to the rules just finalized by the Trump Administration related to California’s GHG and ZEV car emissions standards (discussed here and here by Julia and Ann). Here’s the complaint filed by California together with 23 other states, along with the cities of LA and NY. …
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CONTINUE READINGEPA/Transportation Announcement of California Waiver Revocation is Full of Falsehoods and Irony
How Many Misstatements Can You Find?
This morning, the Environmental Protection Agency and Department of Transportation formally announced — as expected — that the Trump Administration is revoking California’s waiver to set its own vehicle standards. Yesterday, Trump tweeted the news, coupling it with falsehoods claiming that the rollback would save lives and save consumers money. As I blogged yesterday, both …
CONTINUE READINGTrump Announces Waiver Rollback on Twitter
Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible
This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …
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CONTINUE READINGA Welcome Victory in the D.C. Circuit
This is what it looks like when judges just buckle down and do their jobs.
Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak. Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …
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CONTINUE READINGTrump’s Legal Challenges to the California’s Car Deal
Is there any legal basis for the Trump Administration’s actions?
Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the …
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CONTINUE READINGA Rule to Revoke California’s Waiver?
Why an action to revoke the waiver for California’s Advanced Clean Cars program could be the Administration’s worst move yet.
A couple of weeks ago, the New York Times reported that in the midst of growing “disarray” around the rollback of the Obama-era fuel economy and greenhouse gas tailpipe emissions standards, “Mr. Trump went so far as to propose scrapping his own rollback plan and keeping the Obama regulations, while still revoking California’s legal authority …
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CONTINUE READINGIs the Amazon Burning?
The current panic may not be justified, although long-term worries are
The environmental community is presently up in arms about fires in Brazil’s Amazon. The number of fires have dramatically increased over this time last year. A Greenpeace worker said, “This is not just a forest that is burning. This is almost a cemetery. Because all you can see is death.” France’s president Emmanuel Macron tweeted, …
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CONTINUE READINGClearing the Air
The DC Circuit upholds a major air regulation.
On Friday, the D.C. Circuit decided Murray Energy v. EPA. The court upheld EPA’s health-based 2015 air quality standards for ozone against challenges from industry (rules too strong) and environmental groups (rules too weak). However, it rejected a grandfather clause that prevented the new standards from applying to plants whose permit applications were in-process when …
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