Air Quality

Lightbulb 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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When 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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Climate 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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The 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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Passing Gas

A better accounting of GHGs can improve the climate discourse

The tendency to divide global GHG emissions by country is a product of the well-mixed dispersal of most of warming gases, and the international politics that attach to cross-border pollution.  A country’s emission numbers imply accountability and culpability, and frame the discourse on how to respond.  Going forward on policymaking, it’s worth looking at how …

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California cap and trade survives industry tax challenge

Auctions can proceed in one of the state’s signature climate change programs

ARB’s winning streak in climate cases continues.  A California superior court has rejected a prominent set of industry challenges to the state’s cap-and-trade program, upholding a significant element of California’s suite of programs to comply with AB 32 and to reduce the state’s greenhouse gas emissions back to 1990 levels by 2020. (Opinion here.)  The cases were filed by the …

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Standing for Coal?

In a previous post I questioned whether anyone would have standing to challenge EPA’s new plant regulations for coal plants, considering that coal plants are current uneconomical anyway due to low natural gas prices.  I was pleased that Inside EPA  wrote a story about my argument, and even more pleased that the story reported on …

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New Standing Barriers Erected for Federal Court Climate Change Litigation

Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts

In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …

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ELQ’s Annual Review issue now available online

Every year, Ecology Law Quarterly publishes its Annual Review of Environmental and Natural Resource Law. The latest version is now available at ELQ’s web site. Check out these articles from the issue. You’ll find they cover a tremendous amount of ground in a way that is both educational and entertaining. And at the ELQ site …

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Air Pollution in China Shuts Down City of 11 Million

The airpocalypse is back. What should Chinese leaders do about it?

On Sunday, the start of the heating season in northern China brought the “airpocalypse” back with a vengeance (although some might say it never left).  Harbin, the capital of Heilongjiang Province and home to 11 million people, registered fine particulate (PM2.5) pollution levels beyond 500 on the Chinese Air Quality Index, which is considered hazardous …

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