Environmental Justice
When Is It Legal to Consider Race in Regulating?
Two upcoming Supreme Court decisions will tell us a lot about the answer.
On Halloween, the Supreme Court heard oral argument in cases brought by Students for Fair Admissions (SFFA) against Harvard and UNC. These cases seem likely to move the Court closer to requiring colorblindness. How would that impact EPA’s ability to pursue environmental justice? Based on comments of the Justices during the arguments in the Harvard …
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CONTINUE READINGA New Battleground in Big Oil’s War on Drilling Setbacks
Big Oil’s referendum on setbacks is the latest in a line of questionable signature-gathering campaigns. Would a new bill reform California’s referendum process?
Earlier this month, my colleague Beth Kent wrote a thorough overview of the referendum seeking to reverse SB 1137, a bill passed by the California Legislature establishing a 3,200-foot setback between new oil and gas wells and sensitive receptors, including homes, schools, and hospitals. That referendum (Ballot Measure 22-0006) will appear on the November 2024 …
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CONTINUE READINGHow Should We Implement the New Federal Climate Laws?
An upcoming symposium by the Emmett Institute will explore the key climate impacts of IIJA and the IRA and unpack some of the obstacles and controversies around their implementation.
This is the first of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the second post, on transmission infrastructure, and the third post, on transportation; and RSVP for the Symposium here! The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of …
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CONTINUE READINGCritical Native American Water Rights Cases Come Before the Supreme Court: Arizona v. Navajo Nation
The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor
Today the U.S. Supreme Court hears oral arguments in the last natural resources cases on its docket this Term: Arizona v. Navajo Nation and U.S. Department of the Interior v. Navajo Nation. These consolidated cases are consequential for several reasons: to determine the scope of the federal government’s trust obligations to Native American tribes; to …
CONTINUE READINGHow 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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CONTINUE READINGWhy 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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CONTINUE READINGDeregulation, 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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CONTINUE READINGDid Biden have to approve the Willow oil project?
ConocoPhillips has existing lease rights. But the Biden administration had tools to curtail those rights to limit harms.
Although the Biden administration has approved the Willow oil drilling project on Alaska’s North Slope—the largest proposed oil drilling on U.S. public land in several decades—the legal questions are far from settled. Much of the media coverage so far has focused on the political dynamics driving the decision (as noted with some alarm here and …
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CONTINUE READINGCutting 290,000 Tons of Water Pollution a Year, One Coal Plant at a Time
Coal is a dirty fuel. It’s not just air pollution or climate change.
EPA proposed new regulations next week to reduce the water pollution impacts of coal-fired power plants. As EPA regulations go, these count as fairly minor. They got a bit of news coverage in coal country and industry publications. But they will eliminate the discharge of thousands of tons of pollutants, including a lot of metals …
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CONTINUE READINGUnraveling 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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