Pollution & Health
An economic analysis suggests why not
Some time ago, I was thinking about the “polluter pays” principle of international environmental law. In this, the source — not its receiving victim — of pollution or other environmental harm should pay for any remediation done and for ending the pollution. Yet despite the principle’s normative appeal, countries (or “states” in the language of …CONTINUE READING
EPA Cites an Inapplicable “Housekeeping Statute” to Justify Its Rule to Limit the Use of Science In Important Regulatory Decisions
Over a year ago, EPA issued a proposed rule , ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA’s ability to rely on key scientific studies that underpin public health regulations. The rule, …CONTINUE READING
Toyota’s Defense of Its Choice to Support the Trump Administration’s Auto Standards Rollback Rings Hollow
Sadly, Toyota Has Ceded Its Place As the Industry’s Environmental Leader
My colleagues Ann, Cara, Julia, and Rick have all written about various aspects of the decision by General Motors, Toyota, and other automobile manufacturers to side with the Trump administration as it tries to prevent California from setting its own greenhouse gas emission standards. The administration is implementing this rollback in tandem with a federal …CONTINUE READING
Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible
This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …CONTINUE READING
This is what it looks like when judges just buckle down and do their jobs.
Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak. Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …CONTINUE READING
India’s legal moves on water put Pakistan on edge
A month after India’s move to exert more direct control over Jammu & Kashmir, the Indian state that occupies part of the larger Kashmir region, the country is also now in a position to exert control – in both illegal and legal ways – over important river waters that Pakistan relies upon to sustain people …CONTINUE READING
Why an action to revoke the waiver for California’s Advanced Clean Cars program could be the Administration’s worst move yet.
A couple of weeks ago, the New York Times reported that in the midst of growing “disarray” around the rollback of the Obama-era fuel economy and greenhouse gas tailpipe emissions standards, “Mr. Trump went so far as to propose scrapping his own rollback plan and keeping the Obama regulations, while still revoking California’s legal authority …CONTINUE READING
We have met the enemy and he is us.
Polls show that a great many members of our generation oppose taking action against climate change. I want to try to explain to that group why you should rethink your views. Let me start by explaining why climate action would benefit you yourself and then widen the focus to include your grandchildren and their kids. …CONTINUE READING
Air quality standards are next on the chopping block.
The first phase of Trump’s regulatory rollbacks has been directed against Obama’s climate change regulations. Those deregulatory actions will be finalized soon. What happens next will be in the hands of the courts. But the Trump EPA is now beginning a new phase in its attack on environmental regulation. Having tried to eliminate climate rregulation, …CONTINUE READING
Guest Blogger Divya Rao: Sen. Udall and Rep. Lowenthal Champion New Legislative Effort to Curb Plastic Waste Pollution
Comprehensive federal legislation on single-use plastics, from bags to straws, anticipated to drop in Fall 2019
This past January, I was one of two students who had the opportunity to travel to Washington D.C. with the Surfrider Foundation and UCLA’s Frank G. Wells Environmental Law Clinic to brief Congress on harms caused by marine plastic pollution and steps the federal government can take to combat the problem by reducing waste from …CONTINUE READING