Federal Climate Policy
Today’s Supreme Court Ruling: Three Key Questions
Direct implications are limited, but we’ll be reading the tea leaves for future implications.
Scholars, lawyers, and judges will be spending a lot of time dissecting today’s ruling. Overall, it’s a bit like yesterday’s World Cup game — EPA didn’t win outright but it didn’t lose either. Here are three key questions with some initial thoughts: What is the direct legal impact of the ruling? This was really …
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CONTINUE READINGBreaking News: U.S. Supreme Court Renders Split Decision in Major Climate Change Case
The U.S. Supreme Court today issued its long-awaited decision in Utility Air Regulatory Group v. Environmental Protection Agency, the justices’ third encounter with climate change law and policy. In a Solomonic ruling, the Court ruled that EPA lacks authority to require the operators of “stationary sources” of greenhouse gas emissions (power plants, factories, etc.) to obtain …
CONTINUE READINGThe 2014 Midterm Elections and the EPA Greenhouse Gas Rule
Why Republicans probably won’t be able to eliminate the EPA rules before 2016
I wrote earlier about why the 2016 Presidential election will be the election that matters (politically) for the long-term success of the new greenhouse gas rules proposed by EPA. (The status of legal challenges is a different question.) I want to elaborate a little more now about why the 2014 midterm elections are pretty much …
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CONTINUE READINGCompiled Resources on the “Clean Power Plan” Proposed §111(d) Rule
All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses
Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …
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CONTINUE READINGUARG Decision — Due Any Day Now — Should Not Undermine the Legality of CAA Section 111d Rules
Case involves statutory interpretation questions not relevant to power plant rules
The U.S. Supreme Court should issue a decision in Utility Air Regulatory Group (UARG) v. EPA very soon, perhaps as early as Monday (the Court typically issues its opinions on Mondays and Thursdays at 10:00 a.m. EST). The case involves an important set of regulations designed to regulate greenhouse gases from large new “sources” (industrial facilities, chemical …
CONTINUE READINGPART IV – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions
The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.
This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. …
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CONTINUE READINGPART III – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions
The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation
This is the third in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See the first and second posts.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. What …
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CONTINUE READINGPART II – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions
The second in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation
This post is the second in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See the first post here.) Over the course of this series of posts, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the …
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CONTINUE READINGLegislative Tantrums Over EPA’s Proposed Carbon Rule
Politico reports that eight state legislatures have passed bills protesting EPA’s proposed power plant regulation, in at least one case refusing to comply with any eventual regulations. This was a childish tantrum rather than an adult response. The ultimate hope, according to Politico, is that many states will refuse to submit compliance plans, and that this …
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CONTINUE READINGEPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions (PART I)
The first in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation
As LegalPlanet reported earlier this week, EPA has released a proposed rule to regulate carbon dioxide (CO2) emissions from existing power plants under Clean Air Act § 111(d). You can read the full text of the proposed rule here. The rule would have the overall effect of reducing CO2 emissions from existing power plants or “electric generating units” …
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