Trump’s plan for coal-fired power plants, like Obama’s plan to cut carbon emissions, is based on section 111(d) of the Clean Air Act. But much of the legal argument relies on an analogy to section 165 to support EPA’s very restrictive interpretation of section 111(d). It’s that restrictive interpretation that leads the agency to reject […]
Federal Climate Policy
Be prepared: this is going to remain a live issue for at least two years.
You’ve already heard a lot about Trump’s pro-coal ACE rule. You’re likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I’ve set out a rough timetable below, and at the end I discuss some implications. Step 1: The Rulemaking Aug. 2018 Notice of proposed rule issued […]
Who Said the 60’s Were Outdated?
Have a good weekend:
Environmentalism Used to Be a Bipartisan Issue
It is not unreasonable and overly rigid environmental regulations and restrictions that stand in the way of the expanded use of the nation’s coal reserves. It is the reluctance, and at times the refusal, to recognize the very serious health hazards and environmental, social and cultural impacts associated with a rapid rise in coal use. […]
EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.
The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws. I’d like instead to talk about its […]
Regulatory approaches for vehicles versus power plants show the Trump White House’s true motivation – and it’s not states’ rights.
As my colleague Cara Horowitz has already blogged, the Trump EPA is preparing to announce a Clean Power Plan replacement today, rolling back Obama-era efforts to regulate greenhouse gas emissions from existing power plants. The plan is expected to largely shift the regulatory burden to states, essentially leaving it up to them to decide whether […]
It may not be legal, and grid experts say it’s certainly not good policy
Over the weekend, the New York Times reported that EPA will soon release its proposal for replacing the Clean Power Plan, sharing some leaked details. Here’s a quick reaction. As a reminder, the Clean Power Plan is the regulation enacted by EPA, under President Obama, to limit emissions of carbon dioxide from existing fossil-fuel-fired power […]
Courts Continue to Strike Down Anti-Environmental Actions
While the Trump Administration’s assault on the environment is alarming, courts are continuing to hand the administration an impressive string of losses that mean that, at least in the short term, the assault is much less effective than the administration’s claims of deregulating the economy would lead us all to believe. In just the […]
Secretary of Interior’s Op-Ed Ignores Science and Land-Use Planning to Falsely Blame Wildfire Risk on “Radical Environmentalists”
Interior Secretary Ryan Zinke published an op-ed today calling for “active management” of our federal public lands to reduce wildfire risk, and blaming “radical environmentalists who would rather see forests and communities burn than see a logger in the woods” for the prevalance and lethality of wildfires in the American West. Zinke’s op-ed is disingenuous, […]
New Article Addresses Hot Spot Pollution and the Clean Air Act
Over the last fifty years, we have made huge progress in cleaning up the nation’s air. Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and […]