Pollution & Health
CEQA thresholds of significance for greenhouse gas emissions: a strange but good process
Way back in the old days, before 2006 and AB 32 (California’s landmark law limiting greenhouse gas emissions statewide), the California Environmental Quality Act (CEQA) was the critical tool to limit greenhouse gas emissions from projects around the state. CEQA is the law that requires state and local agencies to assess the significant environmental impacts …
CONTINUE READINGEarly endangerment finding fallout
As Dan discussed here, on Monday EPA finalized its finding that greenhouse gas emissions endanger public health and welfare. The new rule won’t be effective until 30 days after its publication in the Federal Register, but it is already generating spin and promises of litigation. Even before the final finding was issued, the Center for …
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CONTINUE READINGCalifornia Air Resources Board releases draft cap-and-trade plan
The California Air Resources Board (CARB) today released the preliminary draft cap-and-trade regulation. CARB staff would like to have comments by January 11th of next year. A new proposal based on the comments will then be issued in Spring 2010. Some quick key points: 1) The proposal limits a covered entity’s use of offsets to …
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CONTINUE READINGEPA releases Bush-era endangerment finding
UPDATE: Cara has more here, including a link to the draft that does not require a subscription. In Dec. 2007, EPA was ready to issue a proposed finding under the Clean Air Act that greenhouse gas pollution endangers public welfare. E&E News has now obtained a copy of the draft proposal (subscription required) through a …
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CONTINUE READINGThe Low-Carbon Meat Diet
If you’re like me, you like meat. Especially red meat, like a pepper-crusted steak or a juicy burger drizzled with bleu cheese. But if you’re also like me, you’re concerned about climate change and the impact that our lifestyle has on the planet. While hyrbids and CFL light bulbs get a lot of attention, Ezra …
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CONTINUE READINGNew EPA Greenhouse Gas Rulemaking Not Quite What it Seems
EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations …
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CONTINUE READINGBoxer-Kerry pre-draft released
UPDATE: The full bill as introduced is posted here on Senator Kerry’s web site, and a 19-page section-by-section summary is here. (Hat tip: Ben Somberg, Center for Progressive Reform.) Senators Boxer and Kerry are expected to introduce their greenhouse gas regulation bill on Wednesday. The Washington Post has posted what it describes as a “close-to-final” …
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CONTINUE READINGThe new and improved EPA
Since I’ve suggested elsewhere on this blog that EPA might not yet have achieved full vertebrate status with respect to mountaintop removal mining, I should acknowledge some of the positive steps the agency has taken recently. Three examples: EPA and the Department of Transportation jointly proposed new fuel efficiency/greenhouse gas emission standards for cars and …
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CONTINUE READINGUCLA environmental law journal publishes new work on personal norms and carbon emissions, and on other interesting topics
Following in Dan’s footsteps as promoters of our respective schools’ excellent environmental law journals, I’m proud to announce that the UCLA Journal of Environmental Law and Policy Volume 27, #1 was published this summer. This journal issue features several interesting pieces. They include a thought-provoking Comment by second-year UCLA law student Jed Ela, Law and Norms …
CONTINUE READINGMore on the Chamber of Commerce’s extraordinary demand for a “Scopes trial” on climate change
UPDATE: regarding the standard of judicial review of any on-the-record hearing (discussed below), see the comments: commenter Steve Taber disagrees with my initial analysis, and he may be right (though I don’t have time to look into it further today). ORIGINAL POST: Holly has written a thoughtful post discussing the meritlessness and cynicism of the …
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