Energy Archives - Page 70 of 146

Energy

California Governor Jerry Brown: Environmental Saint or Sinner?

Brown’s National & International Environmental Reputation Disputed by Some California Environmentalists

California Governor Jerry Brown has had a most eventful 2015, especially when it comes to environmental policy. He started the year fresh from an overwhelming election victory last November, earning him an unprecedented fourth term as California’s chief executive. Brown began 2015 by declaring a state drought emergency and becoming California’s “educator-in-chief,” repeatedly warning state …

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Guess What? The Clean Power Plan Isn’t Going to Destroy America After All.

Compliance isn’t turning out to be that much of a burden.

Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.” Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it. But even in his home state, according to the Post, the Clean …

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Departure of E.T. (the ExtraTerritorial)

The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.

Extraterritoriality is a weird, one might almost say alien, incursion into judicial doctrine under the dormant commerce clause doctrine. The DCC, as it’s familiarly called, prohibits discrimination against interstate commerce and undue burdens on that commerce. But industry has been attacking a wide range of state renewable energy laws under a doctrine relating to extraterritoriality. …

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Injecting Earthquakes

The scientific evidence shows a clear link between injection wells and earthquakes. The legal consequences are less clear.

A recent study of injection wells and earthquakes got a lot of press, but the reports missed an important nuance. The study, published in the June 19 edition of Science, found a definite connection between well injection and earthquakes. But there was an interesting wrinkle: “The scientists found that disposal wells were 1.5 times more likely to …

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Interpreting Michigan v. EPA

The opinion seems likely to have very limited repercussions.

In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have …

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Mercury Rising: The Court Reverses EPA’s Regulation

This was not a great decision for EPA, but it could have been much worse.

The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …

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Republican Change We Can Believe In

Sen. Bill Cassidy’s Bill Would Ditch Wasteful Ethanol Subsidy

As readers of this page know, I am extremely fair and balanced: I criticize each party if it does something wrong, and praise each if it does something right. If one of those parties happens to do wrong things close to all the time, well, that’s not my fault. But let us now praise a …

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Abalones and Gulls and Judges, Oh My!

Comparing the Mono Lake Committee with the Abalone Alliance

For several months now, I have been looking for a good comparison case to the Mono Lake Committee, whose work is one of the great success stories of the modern environmental movement. Why did the Mono Lake Committee succeed when other organizations failed? Lots of organizations had good causes and dedicated leaders: what made Mono …

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Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

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Los Angeles Releases First-Ever Urban Sustainability “pLAn”

Envisioning greener energy, cleaner air, and reduced consumption in LA by 2035

Perhaps no metropolis is better positioned than Los Angeles to pioneer ground-breaking environmental initiatives. As the second-largest U.S. city, and with the country’s largest municipally owned utility, a world-class research university–UCLA, and the blessings of abundant sunshine and a temperate Mediterranean climate, Los Angeles could serve as a global model for urban sustainability. Today, the …

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35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Energy

Brown’s National & International Environmental Reputation Disputed by Some California Environmentalists

Compliance isn’t turning out to be that much of a burden.

The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.

The scientific evidence shows a clear link between injection wells and earthquakes. The legal consequences are less clear.

The opinion seems likely to have very limited repercussions.

This was not a great decision for EPA, but it could have been much worse.

Sen. Bill Cassidy’s Bill Would Ditch Wasteful Ethanol Subsidy

Comparing the Mono Lake Committee with the Abalone Alliance

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Envisioning greener energy, cleaner air, and reduced consumption in LA by 2035

TRENDING

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

Lessons from philanthropist and conservationist Kris Tompkins after a visit to the UCLA Emmett Institute.

Today’s wind and solar resources didn’t come out of nowhere.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts