Federal Climate Policy
EPA Makes a Pit Stop at the “Chevron” Station
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 …
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CONTINUE READINGOne State, Two States, Red States, Blue States: Federalism Hypocrisy in Trump’s EPA
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 …
CONTINUE READINGEPA to Propose Replacing Clean Power Plan with Something Much, Much Weaker
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 …
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CONTINUE READINGThe Trump Administration Is On An Environmental Losing Streak
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 …
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CONTINUE READINGSecretary Zinke Misleads the Public About Wildfires and Federal Public Land Management
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, …
CONTINUE READINGDoes the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?
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 …
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CONTINUE READINGTrump administration and California are on collision course over vehicle emissions rules
Meredith Hankins and Nicholas Bryner co-author legal explainer for The Conversation
California and the Trump administration are going different directions on mileage standards. AP Photo/Rich Pedroncelli Meredith Hankins, University of California, Los Angeles and Nicholas Bryner, Louisiana State University The Trump administration on Aug. 2 formally announced a proposal to freeze fuel economy standards and tailpipe emission standards for new cars. In addition, it is proposing …
CONTINUE READINGThe Trump Administration Just Released Its Proposal to Eviscerate Car Standards, Revoke California Authority
The Legal Grounds For Doing So Are Dubious At Best
As expected, the Trump Administration has released its proposal that recommends freezing combined fuel efficiency and greenhouse gas standards at 2020 levels for model years 2021-2025. The proposal also recommends revoking the waiver EPA granted California in 2013 to issue its own greenhouse gas emissions standards and to continue the state’s program to gradually increase …
CONTINUE READINGA Bipartisan Concern: National Security and Climate Change
Even within the Trump Administration and the House GOP, climate change is seen as a threat.
In written testimony to Congress about threat to national security, the Trump Administration’s Director of National Intelligence (DNI) discussed climate change. His discussion didn’t equivocate about the reality or dangers of climate change. Rather, he took the science, and the threat, seriously: “The past 115 years have been the warmest period in the history of …
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CONTINUE READINGAwaiting the Climate Change “Trial of the Century”
Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October
The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial …
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