Pollution & Health

EPA Steps Through the Looking Glass

You can’t accuse EPA of hiding the ball. It has announced its new mission: promoting fossil fuels.

You might have thought the prime mission of the Environmental Protection Agency was protecting the environment. Lee Zeldin, the Trump appointee running EPA, has a different idea: “The EPA is going to aggressively pursue an agenda powering the Great American Comeback… that’s our purpose, and it’s what will keep us up at night.”

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If Dodgers Don’t Quit Big Oil, the Olympics May Make Them

The Olympic Committee’s ban on most advertising could finally force the Dodgers to drop the 76 sponsorship from Dodger Stadium, which is now an LA 2028 venue.

The Los Angeles Dodgers have all but ignored the growing calls from fans, activists, columnists, researchers, and a state lawmaker asking the team to cut ties with Big Oil and remove the two huge, orange 76 gas ads that dominate the club’s picturesque scoreboards. But the team’s streak may be coming to an end: They …

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Unsheathing a Weapon for Clean Air: ISRs

New UCLA Law report focuses on how to use Indirect Source Rules to fight pollution from mega facilities.

We don’t have to tell you that air pollution remains a serious threat to communities across California, from Oakland to the Inland Empire. But what if we told you that most air regulators are fighting air pollution with one hand tied behind their back, unnecessarily? It turns out there is a powerful weapon that can …

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Field Notes from India: Climate Adaptation from the Ground Up

Two days with climate educators in Ahmedabad, India changed my understanding and appreciation of climate resilience.

I spent last week in New Delhi, participating in the conference, India 2047: Building a Climate-Resilient Future. Academics, civil society, and government officials were divided into groups focusing on science, health, labor, and the built environment. It was fascinating to explore the daunting challenges India will face as many of its regions confront daily temperatures …

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Regulatory Rollbacks: What to Expect

A replay of 2017? Or maybe something more radical?  You can probably guess the answer.

Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.  

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Dissecting the Attacks on the Endangerment Finding

EPA has identified four different arguments against the endangerment finding. None have merit.

In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare.  Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider that finding.  Few independent observers believe EPA will succeed, but the issue is important enough to warrant a close look. Here’s a deep dive.

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Legal Safeguards Against Deregulation

Congress was aware that there could be a backlash against environmental standards. It took precautions.

If it could, no doubt the current Administration would be happy to have the same polluted air and water–and energy-wasting appliances)– that we had fifty years ago. Thanks to the anti-backsliding aspects of environmental law, however, they can’t really achieve that. The best they can generally do is to get rid of recent regulations that haven’t gone into effect yet.

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Make America’s Environment Filthy Again

Lee Zeldin

EPA Administrator Lee Zeldin has launched a full-scale attack on climate, air and water pollution.

In what is one of the most mind-boggling press releases ever to come out of the Environmental Protection Agency, Administrator Lee Zeldin today declared that he wants to make America’s air and water dirty again and to make the planet still warmer. He announced 31 actions that will obliterate protections for cleaner air, cleaner water, …

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Making Polluters Pay for Climate Consequences

A protest sign

A pair of new bills introduced in the California State Legislature would create a climate superfund. Here’s how it would work. 

The dramatic increase in extreme weather events has been wreaking havoc on states across the country, from devastating fires, floods, and droughts to rising sea levels. As a member of the Board for the American Red Cross Pacific Coast Region, I have seen firsthand how the organization is responding to twice as many climate-related disasters …

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The Top-Ten Lower Court Decisions on Environmental Law

Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions. 

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