Air Quality
EPA’s Power Plant Rule is Not Bold. It’s What’s Required.
It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants.
Today’s the day for the long-awaited release of Environmental Protection Agency regulations to tackle planet-warming pollution by the nation’s power plants. (Read the announcement here and the full text here.) The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. For weeks, …
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CONTINUE READINGThe Car Rule and the Major Questions Doctrine
Claims that the new rule violates the doctrine are groundless.
Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. …
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CONTINUE READINGThe Revenge of the Lawyers
Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.
As you’ve probably heard, the Biden Administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress …
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CONTINUE READINGHow Garden-Variety Air Pollution Regulation Promotes Environmental Justice
Cleaning up our nation’s air benefits the disadvantaged most of all.
Evidence is mounting that air pollution regulation is an effective way of reducing health disparities between disadvantaged communities and the population as a whole. The basic reason is simple: Air pollution is the biggest environmental threat to poor communities and communities of color. As the American Lung Association has said: “The burden of air pollution …
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CONTINUE READINGWhy the Bay Area’s Zero-Emission Appliance Rule is a Big Deal
BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.
Air quality officials in the San Francisco Bay Area just made history by moving to adopt the nation’s first rules phasing out new gas-fueled water heaters and furnaces in homes and businesses within about eight years. This action serves as a major step in the effort to curb health-harming and planet-warming emissions from buildings. Several cities …
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CONTINUE READINGDeregulation, Normal Accidents, and the Airborne Toxic Event
What can we learn from the East Palestine train wreck?
Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away. Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms …
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CONTINUE READINGUnraveling LA’s Hydrogen Combustion Experiment
Combusting hydrogen could keep natural gas plants online, but they won’t be “green” for years––if ever.
This is Part II of “Unraveling Hydrogen,” a series covering the basics of hydrogen policy. The first post, introducing the series and covering how hydrogen is produced, is available here. Led Zeppelin’s eponymous 1969 album featured an iconic photo of the Airship Hindenburg going up in flames above Lakewood, New Jersey in 1937. By all …
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CONTINUE READINGThe Presidency Under Siege
The current Justices are no friends of presidential power.
As recent scholarship has shown, the Supreme Court has been increasingly aggressive in countering exercises of presidential power. From the environmental perspective, West Virginia v. EPA is the most relevant example of the Court’s efforts to cut the presidency down to size. True, the Court purported to be chastising EPA, part of the bureaucracy. Yet …
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CONTINUE READINGCongressional Cancel Culture
Once again, the Congressional Review Act rears its ugly head.
The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …
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CONTINUE READING50 Years Ago: Environmental Law in 1973
Five decades back, the country was in the midst of unprecedented environmental ferment.
1973 was at the crest of the environmental surge that swept the United States half a century ago. In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. The first EPA Administrator took office in 1971. Continuing the legislative wave, 1973 saw the passage of the Endangered …
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