Regulation

On the First Monday in October, the Sacketts Head to the Supreme Court a Second Time

Sackett v. EPA–the Most Important Environmental Case on the Justices’ Current Docket–Will Answer the Key Question of How Far Federal Wetlands Regulation Extends Under the Clean Water Act

Today the U.S. Supreme Court formally begins its 2022-23 Term.  First up on the justices’ docket this morning is a major environmental case: Sackett v. Environmental Protection Agency, No. 21-454. This year marks the 50th anniversary of the Clean Water Act (CWA).  Over the past half-century, no single CWA issue has proven more contentious and …

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U.C. Davis Law School to Host “Clean Water Act at 50” Conference

Interdisciplinary Event Will Assess Landmark Law’s Past, Assess Its Future

On Friday, October 7th, the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a major, day-long conference to commemorate the 50th anniversary of the federal Clean Water Act.  The event will assess the progress the U.S. has made over the past half-century in abating water pollution; focus on some …

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Jobs and Environmental Regulation

“Job-killing regulation”? That’s not really what the evidence tells us.

Labor Day is a good time to talk about an important topic: the impact of environmental regulation on jobs. This is a clearly a fraught issue. In support of his deregulation campaign, President Trump promised to “cancel every needless job-killing regulation and put a moratorium on new regulations until our economy gets back on its …

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A Design Flaw in the Clean Air Act

Why have technology-based standards if you have air quality standards?

The Clean Air Act has two kinds of standards. It sounds like having two kinds of standards should improve air quality more than a single standard. But in reality, one type of standard can result in canceling out the benefits of the other type. If you understand the statute, this is actually pretty obvious once …

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Does the New Climate Law Expand Regulatory Authority?

It’s not the game changer some people think, but IRA could help in several ways.

There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA.  The answer to that is probably “no.”  However, some IRA provisions will help lawyers  defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …

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The Side Deal

How would the Manchin-Schumer deal on permitting impact the environment?

To get Manchin’s vote for the $379 billion in environmental spending in the IRA bill, Schumer and other congressional leaders had to agree to support Manchin’s efforts  to speed up the permit system. At this point, all we have is a one-page list of permitting changes that would form the basis of a new bill. …

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Taking A Data-Driven Tour of Air Pollution Law

After Half a Century, What Do We Really Know about the Impacts of the Clean Air Act?

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. It surveys the economic literature to find out what the data tells us about emission trading systems, the effects of pollutants, and effects of imposing tougher regulatory requirements in areas that failed to meet national air quality standards. Some …

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Making Heat Pumps Accessible and Affordable to Decarbonize Buildings

New policy report on solutions to improve deployment of heat pump technologies in existing buildings | Webinar July 19

Join us for a webinar to discuss the report findings with leaders on July 19 at 1 pm PT. RSVP here You may have seen heat pumps (or #heatpumpnation) in the news recently and wondered, what really is this device? How do heat pumps relate to building decarbonization goals, national security, and climate mitigation efforts? …

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California Adopts Nation-Leading Legislation to Cut Plastic Pollution

Less than 10 percent of the world’s plastic waste is recycled. Photo credit: Bo Eide, Flickr

Extended producer responsibility law will reduce single-use waste and shift responsibility to industry

In a welcome reprieve from news coming out of the Supreme Court, here’s an uplifting story from the Golden State: On Thursday, Governor Newsom signed SB 54, a comprehensive piece of legislation aimed at significantly reducing single-use waste. The law will affect just about every type of plastic packaging you see walking down the supermarket …

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The Supreme Court Curbs Climate Action

The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.

Today, the Supreme Court decided its most important environmental case since 2007.  We didn’t dodge the bullet. It’s more than a flesh wound but it didn’t hit any vital organs .  Chief Justice Roberts’s majority opinion leaves EPA other options to reduce carbon emissions from coal-fired power plants.  It also gives a fairly narrow reading …

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