Regulation
Big Win For Clean Technology In The Supreme Court Today
Court validates federal rule to encourage more efficient electricy usage
The future of a clean electricity grid will require more decentralization based on clean technology, like solar and energy storage. Large industrial customers are investing in these technologies and also signing up to moderate their electricity demand in response to larger grid needs (i.e. reducing usage when electricity becomes expensive and dirty to produce). Smaller …
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CONTINUE READINGThe Flint Lead Crisis
Three Interesting Notes About Lead Regulation and Exposure
At this point, you would need to be a hermit to have missed the news coverage of elevated levels of lead in the drinking water in Flint, MI. (Although even that might not be a valid excuse given an ancient, anonymous Roman hermit described lead poisoning). The short version is: in April 2014 a cash …
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CONTINUE READINGDC Circuit Denies Stay of Clean Power Plan
The DC Circuit issued a judgment denying the request for a stay in the case challenging the Clean Power Plan, West Virginia v. EPA. The decision simply states that the petitioners failed to meet the “stringent requirements for a stay pending court review.” The court ordered the parties to submit a proposed briefing schedule by …
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CONTINUE READINGThe Perverse Growth of the “Job Killing” Meme
As unemployment goes down and down, talk about “job killing regulations” goes up and up.
We’ve had a number of posts about the claim that regulations cause major job losses. The evidence doesn’t support this claim. (See this post from October). But the claim at least seemed understandable in the depths of the recession, when people were desperately worried about unemployment. The weird thing is that as unemployment has gone …
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CONTINUE READING2016: The Year of Living Dangerously
2015 was a year of forward movement. Much of that could be in jeopardy this year.
We are at the start of a year of danger for environmental policy. 2015 saw many accomplishments in environmental law: the Administration issued the “waters of the United States” and Clean Power Plan regulations, a Supreme Court ruling in favor of EPA’s cross-state air pollution rule, and the Paris Agreement on climate change. Much of this progress is …
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CONTINUE READINGKey Environmental Developments Ahead in 2016
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …
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CONTINUE READINGNewsflash: Senate Passes TSCA Reform
A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years
In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …
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CONTINUE READINGHow do we move past the yuck factor in potable water reuse?
This post draws on two recently published articles (here and here) by an international group of collaborators: Christian Binz, Sasha Harris-Lovett, Bernhard Truffer, David Sedlak, and myself, courtesy of the ReNUWIt program. Potable water reuse is increasingly seen as a potential way to help ease urban water supply challenges. Potable reuse is as it sounds …
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CONTINUE READINGCalifornia Supreme Court Hands Air District, Environmentalists Qualified Win
Justices’ Unanimous Opinion Addresses Key “Scope of CEQA” Issue
In a closely-watched case, the California Supreme Court today issued a unanimous decision on the scope of the California Environmental Quality Act (CEQA), California’s most important and heavily-litigated environmental statute. That decision is unlikely to fully satisfy either side in the litigation, though over the long-term it would seem to favor local regulators and their …
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CONTINUE READINGGuest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.
Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation. Today, industry and environmental groups supporting EPA will file their oppositions to this request. The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants. Dan Farber and I …
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