Regulation
Industry’s Hostile Takeover of EPA
When you’re Scott Pruitt, who you gonna call? Industry reps.
When there are hard decisions to make, who does EPA Administrator Scott Pruitt turns to? Not, as you might naively think, the experts on the staff of his own agency. Instead, he turns to industry lobbyists and lawyers, and to politicians like the Republican state attorneys general who used to be his colleagues. As the …
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CONTINUE READINGGuest Blogger Gregory Dotson: Is Scott Pruitt Calling for an Amendment to the Clean Air Act?
EPA Administrator Resorts to Misleading Rhetoric in Possible Prelude to Revisiting Massachusetts v. EPA
Since he was confirmed to lead the U.S. Environmental Protection Agency six months ago, Administrator Scott Pruitt has relied on three points when discussing the issue of climate change. He has cast doubt on the science by claiming it’s difficult to know the human role “with precision.” He has questioned the ability of the agency …
CONTINUE READINGCalifornia Supreme Court Upholds Regional Planning Agency’s Greenhouse Gas CEQA Analysis, and Sets Out Principles to Ensure Better Analysis in the Future
Decision Will Help Ensure Development and Transportation Planning in California Supports GHG Reduction Efforts
In May, Rick Frank posted his reflections on the oral argument in the California Supreme Court on Cleveland National Forest Association v. San Diego Association of Governments (SANDAG), and predicted that SANDAG would win the case. His prediction has proved correct with the release of the Court’s opinion last week – but SANDAG’s narrow win provides a …
CONTINUE READINGBreaking News: Coastal Commission Prevails in Major California Supreme Court Case
Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition
The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights. Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited …
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CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGA Case of Administrative Bad Faith
The D.C. Circuit slaps down an abuse of power by Trump’s EPA.
On Monday, the D.C. Circuit dealt a setback to Scott Pruitt’s deregulation efforts in Clean Air Council v. EPA. The case involved a tricky procedural issue. But the substance was simple: EPA, under Pruitt, had abused a reconsideration procedure under the Clean Air Act to stay a regulation for 90 days, when it had no …
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CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act. The …
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CONTINUE READINGNew Report: How To Boost EV Charging Infrastructure
UCLA Law hosts free report release lunch event at noon, with live webcast & keynote by Energy Commissioner Janea Scott
Electric vehicles (EVs) represent one of the most promising clean technologies, in terms of their potential benefits for the electricity grid, local air pollution, and reducing the greenhouse gas emissions that cause climate change. Not to mention they’re fun to drive. The good news is that as EV prices have dropped by nearly half the …
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CONTINUE READINGBreaking News: California Supreme Court Refuses To Hear Appeal On Industry Challenge To Cap-And-Trade Auction
Industry once again loses leverage over shaping the program post 2020
The California Chamber of Commerce has just lost its case against the state’s cap-and-trade auction, with the news from the Los Angeles Times that the California Supreme Court has refused to hear an appeal from the state appellate court. This means the auction mechanism in the cap-and-trade program is valid at least through 2020. As …
CONTINUE READINGA Stealth Attack on Public Health
No, this isn’t about the health care bill.
The Trump Administration has embarked on a campaign of postponing pollution regulations that protect the public health. Even if these are only temporary delays, rather than steps toward permanently weakening health protections, the delays are not innocuous. To put it as bluntly as possible, Americans will die as a result of these delays. For instance, …
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