Federal Climate Policy
Will the TPP Undermine Climate Policy?
The short answer: probably not much, maybe not at all
Representatives of U.S. environmental negotiations have shown up in Paris to campaign against the new TPP trade agreement. (here) They’ve also been actively engaged in discussions with Democratic law-makers, in an effort to block approval. A key objection is that the TPP will undermine climate policy. Jim Salzman had a great post last week on …
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CONTINUE READINGThe Environmental Lessons of Teaching Torts
What we can learn from negligence law about responsibility for environmental harm.
I’m about to teach my last Torts class of the semester today, and I’ve been musing about how some fundamental torts ideas bear on environmental law. Let me begin with the idea of duty. There are special situations where courts say there’s no duty of reasonable care by one person toward another. But they’re exceptions. There are …
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CONTINUE READINGWhat Economists Don’t Get About Our Relationship With Nature
No, climate change isn’t less of a problem if people get used to a devastated world.
People often adjust to problems that seem terrible upfront. Some studies show, for instance, that people who who lose limbs are very unhappy for awhile but then start to adjust to their positions. Some economists argue that something similar may happen with climate change — we might find that we don’t miss extinct animals or …
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CONTINUE READINGPromises to Keep
In the run-up to the Paris talks, the major economies have all pledged carbon reductions.
With Saudia Arabia’s pledge last week to cut emission, all of the world’s major economies are now on board. In a nutshell, here is what they are promising. Except as noted, the target dates are all 2030. A number of countries have subsidiary promises in terms of percentage of renewable energy or of bigger cuts premised …
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CONTINUE READINGGoodbye, Keystone, Goodbye
After seven years, the project is history.
The President announced this morning that he would not approve the Keystone pipeline project. This wasn’t a huge surprise at this point of the game. Still, it’s a good time to take stock of the dispute. The fight was largely — but not entirely — symbolic. With falling oil prices, the alternative of rail transport …
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CONTINUE READINGClean Power Plan Litigation Kick-Off
Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs
*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …
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CONTINUE READINGWhat Do You Know About EPA? Test Your Knowledge.
Much of what most people think they know about EPA is wrong.
This test involves a few basics about EPA. See how much you know. 1. What President established EPA? A. Kennedy. B. Johnson C. Nixon D. Clinton 2. When is cost a factor in issuing EPA regulations? A. Whenever allowed by law. B. Under Republican Presidents. C. Only for minor regulations. D. …
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CONTINUE READINGExploring Potential Challenges to EPA’s New Source Performance Standard: PART III
CCS for coal power plants, but not natural-gas power plants?
This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …
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CONTINUE READINGIs CCS the “best” system of emission reduction for coal-fired power plants?
Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II
This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …
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CONTINUE READINGIs Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?
Exploring potential challenges to EPA’s New Source Performance Standard: PART I
This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …
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