Air Quality

The 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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How 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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Why 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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Deregulation, 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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Unraveling 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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The 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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Congressional 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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50 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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Unraveling Hydrogen: Part I

The first in a series that examines the hype around hydrogen production.

For over a century, supporters of hydrogen energy have billed H2 as the fuel of the future. In his 1874 novel, The Mysterious Island, Jules Verne wrote that “water will one day be employed as fuel, that hydrogen and oxygen which constitute it, used singly or together, will furnish an inexhaustible source of heat and …

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Learning to Name Environmental Problems

It was only in the 1960s that the Supreme Court learned to talk about “pollution” and “wilderness.”

There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smokey cities as embodiments of the same problem, despite their striking physical differences?  And when it did start …

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