Air Quality

Addressing Livestock Methane in California

New CLEE/UCLA report identifies policy solutions to reduce emissions | Webinar Nov. 10

Methane is a climate super-pollutant that is 80 times more powerful than carbon dioxide over a 20-year period. Given its potency and short life, experts believe that reducing methane emissions is the highest-yield action that governments and businesses can take to curb near-term warming. In the US, livestock are responsible for over one third of …

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A Design Flaw in the Clean Air Act

Why have technology-based standards if you have air quality standards?

The Clean Air Act has two kinds of standards. It sounds like having two kinds of standards should improve air quality more than a single standard. But in reality, one type of standard can result in canceling out the benefits of the other type. If you understand the statute, this is actually pretty obvious once …

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Making Fossil Fuels Pay for Their Damage

A carbon tax doesn’t seem to be in the cards. Maybe a clean-up tax would fare better.

Production and combustion of fossil fuels imposes enormous costs on society, which the industry doesn’t pay for.  I want to talk about some options for using the tax system to change that.  One option, a tax on carbon dioxide emissions, gets the most attention but seems politically impossible.  The closest we’ve ever come to a …

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Taking A Data-Driven Tour of Air Pollution Law

After Half a Century, What Do We Really Know about the Impacts of the Clean Air Act?

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. It surveys the economic literature to find out what the data tells us about emission trading systems, the effects of pollutants, and effects of imposing tougher regulatory requirements in areas that failed to meet national air quality standards. Some …

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Climate Change and the Major Question Doctrine

Just because a regulation involves climate change, that doesn’t make it a major question.

Red State AGs are preparing to go to town with the West Virginia case. They seem to think that everything involving climate change automatically becomes a major question. That’s simply wrong. The doctrine is more nuanced. Recall that the Supreme Court struck down OSHA’s vaccine mandate, essentially on major questions grounds, but the majority found …

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EPA’s Best Option: Co-Firing

Yesterday’s decision leaves open a powerful regulatory tool.

What can EPA do to cut carbon emissions from coal-fired power plants after yesterday’s decision in West Virginia v. EPA?  The decision clearly ruled out any direct mandate to shift generation from coal generators to cleaner power generators. But the Supreme Court didn’t endorse Trump’s ultra-limited interpretation of the law either.  This leaves EPA with …

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Whose Interests Count? And How Much?

Whether to consider harms to foreign countries and future generations is controversial. So is how much weight to give harm to the poor.

Should regulators take into account harm to people in other countries? What about harm to future generations? Should we give special attention when the disadvantaged are harmed? These questions are central to climate policy and some other important environmental issues. I’ll use cost-benefit analysis as a framework for discussing these issues. You probably don’t need …

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War and the Environment: Ukraine in 2022

The environment is also a victim of the Russian invasion — perhaps to the point of being a war crime.

Memorial Day began as a day to commemorate the Civil War dead, then became a day to commemorate the dead from many wars. But war’s toll goes beyond direct harm to humans.   The environment also suffers. On top of its human tragedies, the Russian invasion of Ukraine is also wreaking environmental havoc. One source of …

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After the Court Rules: Gaming out Responses to a Cutback in EPA Authority

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …

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Turning Wildfire Treatment Debris Into Marketable Wood Products

New report & May 9th webinar offer solutions to reduce emissions and improve wildfire resilience

Berkeley Law’s Center for Law, Energy and the Environment (CLEE) and UCLA Law’s Emmett Institute on Climate Change & the Environment are releasing today a new policy report: Branching Out: Waste Biomass Policies To Promote Wildfire Resilience and Emission Reduction. The report offers solutions to develop a sustainable market for the residual waste material generated …

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