Biden Administration

Biden Undoes NEPA Rollback

Trump tried to keep climate change out of environmental impact statements. Biden was right to scotch that effort.

Yesterday, the White House undid an effort by the Trump Administration to undermine the use of environmental impact statements. The pre-Trump rules had been in effect since 1978. Restoring the 1978 version was the right thing to do. The Trump’s rules arbitrarily limited the scope of the environmental effects that EPA can consider.  Their goal …

CONTINUE READING

Regan Hits His Stride

Under Administrator Michael Regan, the Biden EPA is beginning to churn out important new regulatory proposals.

The Trump Administration left a trail of regulatory destruction behind it. Cleaning up the mess and issuing new regulations is Priority #1 for the Biden Administration. Under EPA head Michael Regan, the effort is beginning to pick up steam. EPA has begun the year with several major new regulatory efforts.  No one of them is …

CONTINUE READING

Pollution Control as Climate Policy

Tightening air quality standards will also reduce carbon emissions.

The Biden Administration is slowly grinding away at an important regulatory task: reconsidering the air quality standards for particulates and ozone.  Setting those standards is an arduous and time-consuming process, requiring consideration of reams of technical data. For instance, a preliminary staff report on fine particulates (PM2.5) is over 600 pages long. When the process …

CONTINUE READING

Environmental Justice, Truck Pollution, and the Biden EPA

How will EPA integrate EJ into its rule making? The answer remains murky.

EPA recently released a notice of proposed rulemaking for pollution from new heavy-duty vehicles. I was interested to see how environmental justice figured into the analysis, looking for clues about how the Biden Administration plans to make EJ part of decision making.  What I found wasn’t very enlightening. Perhaps they’re still trying to come up …

CONTINUE READING

Major Questions About Today’s Big Climate Case

Here’s what you need to know about today’s oral argument in W. Va. v. EPA

The Supreme Court is hearing oral argument this morning in West Virginia v. EPA. The case is a challenge by the coal industry and coal states to EPA’s power to limit carbon emissions by power plants. Here’s what to look for today. Q: What is the case about? A: In practical terms, the question is what EPA …

CONTINUE READING

Air Quality as Environmental Justice

National air quality standards may be among the most powerful levers for environmental justice.

The environmental justice movement began with a focus on neighborhood struggles against toxic waste facilities and other local pollution sources.  The EJ focus now includes other measures to ensure that vulnerable communities get the benefit of climate regulations. The most powerful tool for assisting those communities, however, may be the National Ambient Air Quality Standards …

CONTINUE READING

Justice 40 and Identifying Disadvantaged Communities

White House

Why race is an important factor to consider

Last Friday, the White House Council on Environmental Quality released its long-awaited Climate and Economic Justice Screening Tool. The screening tool will guide the Biden Administration’s implementation of its Justice40 Initiative that directs that 40 percent of certain federal investment programs benefit disadvantaged communities. However, like may legal scholars predicted and the White House foreshadowed, …

CONTINUE READING

Which Front Runner Would Be Better for the Environment?

The three front runners have track records, but they’re not easy to interpret.

Currently, the press seems to view Judges Michelle Childs, Ketanji Brown Jackson, and Leondra Kruger as the front runners to replace Breyer. That may shift over the next month, but it seems worthwhile to give these three a closer look. They’ve all decided environmental cases while on the bench. I assume most readers don’t want …

CONTINUE READING

Wetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington

Justices Grant Review (Again) in the Sacketts’ Longstanding Wetlands Battle With the Government

  This week the U.S. Supreme Court agreed to hear the case of Sackett v. USEPA, No. 21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. If the Sackett litigation sounds familiar, it should: the case has been pending for well over a decade, and this is …

CONTINUE READING

Defending EPA’s Authority to Fight Climate Change – at the Supreme Court

Sean Hecht and Ted Lamm co-author amicus brief on behalf of Clean Air Act expert Tom Jorling

This week, Sean Hecht and I filed an amicus brief at the Supreme Court in West Virginia v. EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act …

CONTINUE READING

TRENDING