Pollution & Health
The Emperor’s New Endangerment Theory (Wrap-Up)
Trump’s EPA says carbon emissions from U.S. power plants are too insignificant to regulate.
U.S. power plants emit 1.5 billion tons of carbon dioxide a year, a little less than the entire country of Russia. The Trump Administration is proposing to end all regulation of carbon emissions by power plants, on the theory that these emissions should be considered insignificant. They have some complicated legal arguments , but the arguments break down the more closely you look at them.
CONTINUE READINGThe Emperor’s New Endangerment Theory (Part II)
To justify a decision not to regulate CO2 from power plants, EPA had to twist statutory language beyond all recognition.
According to EPA, carbon emissions from the U.S. power sector are too insignificant to warrant regulation. This is a bizarre conclusion: U.S. power sector’s emissions are around 6.5 billion tons, just below Russia’s total emissions from all sectors. To reach this conclusion, EPA has proposed a novel reading of the Clean Air Act. In EPA’s view, before it could regulate those emissions, it would first have to make a formal finding that they “cause or significantly contribute” to climate change, and (2) that this has to be judged on the basis of the sector’s percentage of total global carbon emissions. The statute doesn’t say either of those things.
CONTINUE READINGThe Annihilation of Environmental Justice: A Timeline
Trump has spared no effort to ensure that the government ignores the needs of vulnerable communities.
Amid the daily onslaught of executive actions, the cumulative effect of these actions may escape notice. A case in point is environmental justice. It’s not just one or two dramatic actions: there has been a systematic war of elimination against protections for vulnerable communities. While initiated by Trump, the effort has included a ream of destructive follow-on actions. The best way to make the point is a chronological account.
CONTINUE READINGThe California Legislature Halftime Report
In a year defined by affordability and climate crises, several bills aimed to alleviate pressures on both fronts are advancing in the Legislature.
Thank you for joining me for the California Legislature Halftime Report, it is an exciting time of change with many updates to share. A new Senate President pro Tempore was just selected. I’m pleased to share that it is Senator Monique Limón (District 21), who I am personally pleased about this because she is my …
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CONTINUE READINGWhy Do Heat Pumps Have a Bad Rap? Lies
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
I just listened to dozens of people tell me that heat pumps don’t work, may cause homelessness, and can bankrupt small businesses. This was shocking news to me, in no small part because I’m currently in the process of installing a heat pump in my condo. Obviously, I don’t want to waste money, sleep on …
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CONTINUE READINGWhy Did SoCal Air Regulators Reject Clean Air Rules?
SCAQMD’s failure to pass Rules 1111 and 1121 on water heaters and furnaces is a win for gas industry disinformation and a loss for public health.
After 6 hours of public comment and discussion in a packed auditorium, Southern California air quality regulators on Friday rejected a pair of proposals that would have reduced harmful pollution from gas furnaces and water heaters. I watched a livestream of the 6-hour meeting (and provided live updates and commentary on Bluesky). Here’s context and …
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CONTINUE READINGThese SoCal Clean Air Rules are Being Smeared
Legitimate affordability concerns are being weaponized by the gas lobby and its supporters ahead of an important SCAQMD vote to encourage cleaner appliances.
After years of rule development, Southern California air quality regulators are set to vote tomorrow on a pair of proposals that would reduce harmful pollution from gas furnaces and water heaters. A coordinated campaign by opponents including SoCalGas is painting these relatively moderate rules as a “ban” on gas appliances and an attack on middle-class …
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CONTINUE READINGEPA 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.”
CONTINUE READINGIf 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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CONTINUE READINGUnsheathing 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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