Climate Change
The Legal Underpinnings of EPA’s Climate Rules
The Clean Air Act is a formidably technical and complex statute — I often tell my students that it’s like the Internal Revenue Code except not as clearly written. But even those who know the statute may have been surprised by a couple of provisions that EPA is using to address greenhouse gases.
CONTINUE READINGChanging the Climate in the Bay State
Massachusetts has adopted an ambitious goal of reducing GHG levels 20% below the 1990 level by 2020. According the NY Times, the program involves a mix of tools: Importing more hydropower from Quebec. Reducing vehicle miles driven through insurance incentives. Encouraging owners of old oil furnaces to replace them with more efficient systems. Using the …
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CONTINUE READINGWhat to Expect This Year in Terms of Climate Action
Although there will be many flashing lights and loud noises, 2011 will primarily be a year in which various events that are already in play evolve toward major developments in 2012. Litigation. The one exceptional major development in 2011 will be American Electric Power (AEP) v. Connecticut, the climate nuisance case that the Supreme Court …
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CONTINUE READINGEPA Takes the First Step
The NY Times has a story about EPA’s climate change regs that doesn’t contain anything newsworthy but does get the facts right. The key facts are these: 1. EPA has little choice about regulating given the Supreme Court’s interpretation of the Clean Air Act in 2007. “With Mr. Obama’s hand forced by the mandates of …
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CONTINUE READINGThe Incoming Congressional Freshmen
Politico has a nice posting about the incoming freshman GOP in the House and their views on environment and energy issues. The bottom line: House Republican freshmen looking to make names for themselves on energy issues in the next Congress have some goals in common: Ramp up domestic energy production, roll back the Obama administration’s …
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CONTINUE READINGMore Garbage Conservative Constitutional Theory
James Joyner is one of the few conservatives who actually try to come up with intellectually coherent policy positions, and he often does. So maybe we should give him a pass when he blows it. But wow, is this one a doozy. The EPA has decided to begin to issue greenhouse gas regulations, as it …
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CONTINUE READINGObama, the GOP, and the Environment
The NY Times has a Christmas Day editorial about the need for the President to take a strong stance in defense of EPA: Republicans in the next Congress are obviously set on limiting the Environmental Protection Agency’s authority under the Clean Air Act to regulate a wide range of air pollutants — even if it …
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CONTINUE READINGGOP Environmental Policy FAIL
Last month, when discussing the egregious subsidies for ethanol that expire this year, I commented, “Here is a great test to see whether Republican anti-government and anti-spending rhetoric is any more than that.” Well, so much for that: Renewable Fuels Association president Bob Dinneen says they are thrilled with passage of the Senate tax package …
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CONTINUE READINGWhat a Gas! A Rare Win-Win
Oil and gas wells vent or flare off natural gas. New technology shows that this is actually a lot more gas than anyone knew — about four percent of production, according to GAO. Capturing that natural gas for sale would give the government millions of dollars in royalties. Vented gas is methane, a more potent …
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CONTINUE READINGOceans: the biggest loser from our international failure to address greenhouse gas emissions?
In this op-ed from Monday’s Los Angeles Times, UC San Diego scientists Tony Haymet and Andrew Dickson succinctly and directly summarizes the threat that ocean acidification poses to our world, and plead for reductions in carbon emissions. (My colleagues have blogged about ocean acidification before, here and here among other places.) Unfortunately, as my …
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