Air Quality
How Responsible Are Americans for China’s Pollution Problem?
An online conversation from several perspectives
Yesterday, I participated in an online conversation at Chinafile.com on the question of “How Responsible Are Americans For China’s Pollution Problem?” I post the lead comment by David Vance Wagner of the International Council on Clean Transportation along with my response. Elizabeth Economy from the Council on Foreign Relations and Isabel Hilton of Chinadialogue.net (among …
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CONTINUE READINGUtility Air Regulatory Group v. EPA: Another Take on the SCOTUS Oral Argument
Decision favoring EPA seems likely
The venerable pastime of U.S. Supreme Court-watching always involves divergent opinions that, as Rick Frank noted, all should be taken with a grain (or even a pound) of salt. The outcome of Utility Air Regulatory Group v. EPA is decidedly uncertain, but I left the oral argument yesterday more optimistic than my Legal Planet colleague. …
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CONTINUE READINGDeconstructing Today’s U.S. Supreme Court Arguments in Utility Air Regulatory Group
The EPA Could Well Lose This Challenge to Its Greenhouse Gas Reduction Efforts
The Supreme Court heard oral arguments today in the most important environmental law case of the current Term: Utility Air Regulatory Group v. Environmental Protection Agency. Based on those arguments–and, more importantly, the justices’ questions and comments–it appears that EPA’s efforts to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s …
CONTINUE READINGRailtown — A Different LA Story
Railtown tells the story of how rail transit came to
Ethan Elkind‘s new book, Railtown, tells the story of LA’s rail system. It’s a fascinating account of LA’s move away from an almost religious attachment to the automobile. The LA story has some important implications for other cities. It took several decades to get the current rail system built. There were many detours and delays …
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CONTINUE READINGPreviewing Next Week’s Climate Change Arguments in the U.S. Supreme Court
Big Stakes and Big Players in This Year’s Biggest Environmental Case
On Monday, the Supreme Court will hear oral arguments in the biggest environmental law case of its current Term, Utility Air Regulatory Group v. EPA. Legal Planet colleagues Ann Carlson and Dan Farber have already posted their thoughts on the case. Let me add mine. Utility Air Regulatory Group involves EPA’s authority to regulate stationary …
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CONTINUE READINGPlain Language, Climate Change, and the Supreme Court
The language of the statute relating to next week’s argument is clear — but there’s a fly in the ointment.
The Supreme Court will be hearing argument next week in Utility Air Regulatory Group v. EPA. It’s basically a very simple statutory interpretation case, except for two things. First, it’s about climate change, and nothing about climate change ever seems to be simple and straightforward. Second, although the language of the statute, prior Supreme Court precedent, …
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CONTINUE READINGLightbulb Wars : The Saga Continues
Republicans win a largely symbolic victory for an obsolete technology.
Among the sleeper provisions of the new budget deal is a ban on enforcing federal lightbulb standards. This is a great example of symbolic politics — it makes Tea Party Republicans happy, has limited practical effect, and makes little policy sense. Or to put it another way, the enforcement ban is a dumb thing to …
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CONTINUE READINGWhen Cooking Can Kill
Cookstoves are a major threat to health in developing countries, while also wreaking environmental damage.
Cooking dinner, as it turns out, is one of the most serious public health and environmental problems in the world. There’s a common misperception that environmental concerns are just a First World luxury. But the cookstove example shows that the global poor, too, are in need of better, more efficient, less polluting energy sources. Here …
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CONTINUE READINGClimate Standing with a Twist
Rather than prove they will be specifically harmed by increased carbon emissions, plaintiffs can use other kinds of harm as a basis for climate standing.
Plaintiffs got a Christmas present from the D.C. Circuit in the form of a pathway to prove standing in climate change cases. The Supreme Court has considered two cases dealing with standing to sue based on injuries caused by climate change. The Court found standing in one case 5-4 and split 4-4 in the second …
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CONTINUE READINGThe Significance of EPA’s Proposed Power Plant Standards
Although they won’t have immediate impacts, EPA’s proposed rules for new coal plants will indirectly help shape the future of the industry.
There’s an uproar over EPA’s proposed rules for CO2 emissions from new coal plants, even though no one expects anyone to build a new coal plant for at least a decade. I’ve argued (here and here) that the industry won’t have standing to challenge the rules because they won’t have any imminent impact. In fact, …
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