Pollution & Health
How States Can Defend Themselves Against Trump
States have a number of tools for protecting their own environments from the Feds.
Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants. Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations. There are a number of mechanisms states can use to defend their own environments, if not the …
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CONTINUE READINGThe Dangers of the New Executive Order on “Reducing Regulation”
The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment
Dan Farber just posted an insightful, brief analysis of the executive order “Reducing Regulation and Controlling Regulatory Costs” that was issued this morning. As Dan notes, the order is absurd and arbitrary – but more than that, it’s extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap …
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CONTINUE READINGCalifornia Appellate Court Hears Arguments in Cap-and-Trade Program Challenge
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …
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CONTINUE READINGThe Perils of Inexperience
The Scott Pruitts of the Trump cabinet face some tricky challenges.
There’s even a name for it in sports: “rookie error.” That’s the kind of mistake that talented players make when they’ve been bumped up into the big time.The big issue for appointees like Pruitt is to avoid that kind of mistake — and in the meantime, to accomplish their agendas. By all accounts, Scott Pruitt …
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CONTINUE READINGThe Ninth Circuit’s Top Environmental Law Decisions of 2016
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …
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CONTINUE READINGUpdate on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants
UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts
Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last …
CONTINUE READINGTrump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy
The Media Need to Take Trump’s Advisors, and Their Policy Proposals, More Seriously Than They Take Trump’s Off-the-Cuff Comments
The media need to get their act together when they report and editorialize about President-elect Donald Trump’s public statements. Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates’ rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed …
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CONTINUE READINGTSCA Update: EPA Selects First 10 Chemicals for Risk Evaluation
Asbestos included in first 10 chemicals EPA will evaluate for human and environmental risks under TSCA
Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA). These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years. If EPA finds …
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CONTINUE READINGWhat Will Trump Do? Maybe Not What We Expect.
If he cares about 2020, he’ll have to do some recalibrating.
To be honest, no one really knows what Trump will do. Maybe not even Trump. The obvious is often the safest best. In this post, I’m going to speculate about another, slightly less dire, possibility. He may take the most obvious path – which would mean ripping the heart out of our environmental laws. For instance, he …
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CONTINUE READINGWhat Does a Trump Presidency Portend for California’s Environmental Policies?
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …
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