Federal Climate Policy
Why is EPA at War with Its Own Employees?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
While many of us prepared to celebrate Independence Day last week, a group of employees from the Environmental Protection Agency were bravely speaking out about what they see as their boss “recklessly undermining the EPA mission” of protecting human health and the environment. In a now-infamous letter sent to EPA Administrator Lee Zeldin, hundreds of …
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CONTINUE READINGShortchanging the Environment While Making NEPA More Chaotic
Trump replaced a coherent set of rules governing the executive branch with a welter of agency-specific regulations.
In one of Trump’s first executive orders, he eliminated a centralized system that Jimmy Carter initially set up to issue regulations governing environmental impact statements. Instead, he called on each agency to issue its own regulations, which seems to have caused the predictable amount of confusion. There seems to be little rhyme or reason in the variations
CONTINUE READINGThe Quiet Erosion of Federal Legal Internships
Guest Contributor Emma Rose Shore, a UCLA Law student, reflects on the current administration’s attack on civil servants and the cancellation of summer internships.
One morning last October, I got really exciting news. After an interview with a senior attorney at the Environmental Protection Agency’s Office of Enforcement and Compliance, I was offered a position in the National Environmental Training Institute’s Summer Honors Program (NETI). My giddiness must have been obvious, because the interviewer asked if I wanted to …
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CONTINUE READINGThe Emperor’s New Endangerment Theory (Wrap-Up)
Trump’s EPA says carbon emissions from U.S. power plants are too insignificant to regulate.
U.S. power plants emit 1.5 billion tons of carbon dioxide a year, a little less than the entire country of Russia. The Trump Administration is proposing to end all regulation of carbon emissions by power plants, on the theory that these emissions should be considered insignificant. They have some complicated legal arguments , but the arguments break down the more closely you look at them.
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part III)
How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.
There is a very good chance that a court would strike down a EPA’s current finding that carbon emissions from the U.S. power sector are too insignificant to regulate. EPA’s effort to explain its ultimate conclusion rests on a hodgepodge of poorly analyzed considerations, which obviously have been reverse engineered to lead to EPA’s preferred conclusion.
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part II)
To justify a decision not to regulate CO2 from power plants, EPA had to twist statutory language beyond all recognition.
According to EPA, carbon emissions from the U.S. power sector are too insignificant to warrant regulation. This is a bizarre conclusion: U.S. power sector’s emissions are around 6.5 billion tons, just below Russia’s total emissions from all sectors. To reach this conclusion, EPA has proposed a novel reading of the Clean Air Act. In EPA’s view, before it could regulate those emissions, it would first have to make a formal finding that they “cause or significantly contribute” to climate change, and (2) that this has to be judged on the basis of the sector’s percentage of total global carbon emissions. The statute doesn’t say either of those things.
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part I)
EPA says the electricity sector’s climate impacts aren’t significant. Really??
EPA has proposed a novel reading of the Clean Air Act (CAA) that would foreclose any regulation of CO2 emissions from power plants. EPA’s core argument is that the statute requires it to determine whether an industry’s emissions “cause or contribute significantly” to climate change and that the industry’s carbon emissions don’t meet that standard. …
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CONTINUE READINGWhy Do Heat Pumps Have a Bad Rap? Lies
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
I just listened to dozens of people tell me that heat pumps don’t work, may cause homelessness, and can bankrupt small businesses. This was shocking news to me, in no small part because I’m currently in the process of installing a heat pump in my condo. Obviously, I don’t want to waste money, sleep on …
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CONTINUE READINGCan Trump Save U.S. Coal? Not likely.
“Beautiful clean coal”, as Trump calls it, is inexorably declining.
The title of one of Trump’s executive orders is “Reinvigorating America’s Beautiful Clean Coal Industry.” That order says, “it is the policy of the United States that coal is essential to our national and economic security.” But Trump’s efforts seem unlikely to make a dent in the long-term, global malaise of the coal industry, or its sharp decline in the U.S.
CONTINUE READINGClimate Lawsuits Now a Matter of Life and Death
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
What a week for watchers of climate litigation. Big new filings, claims of death and destruction, a landmark ruling, and a juicy hearing all in the span of 36 hours. First, there was what the New York Times described as “the first wrongful death lawsuit” to be brought against oil and gas companies over claims …
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