Regulation
Interpreting Michigan v. EPA
The opinion seems likely to have very limited repercussions.
In bringing the mercury rule to the Supreme Court, industry was hoping for a ruling that EPA had to balance costs and benefits (and could only include benefits relating to mercury). What they got was far less than that. Here, I’d like to address some key questions about the opinion. 1. When does EPA have …
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CONTINUE READINGMercury Rising: The Court Reverses EPA’s Regulation
This was not a great decision for EPA, but it could have been much worse.
The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …
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CONTINUE READINGBreaking News: Supreme Court Rules Federal Agricultural Program a Taking
Justices Uphold California Raisin Growers’ Fifth Amendment Challenge
The United States Supreme Court today ended a David-and-Goliath-style, 10-year legal battle between a pair of California raisin growers and the federal government, declaring that the government triggered a compensable taking of the growers’ private property when a federally-controled agricultural board ordered seizure of a portion of their crop. The Court’s decision can be accessed …
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CONTINUE READINGCalifornia Supreme Court Upholds Affordable Housing Ordinance
Unanimous Court Rejects Developers’ Takings Challenge to San Jose’s Inclusionary Housing Measure
The California Supreme Court, in a unanimous decision issued today, rejected state developers’ efforts to nullify the City of San Jose’s affordable housing ordinance. That decision, California Building Industry Association v. City of San Jose, is critically important for both state land use policy and for constitutional principles governing private property rights and the proper scope …
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CONTINUE READINGThe Next Six Months
A half-dozen crucial developments will shape environmental policy for years to come.
The next six months will be unusually important in environmental law. There are six key areas to keep an eye on: 1. The Paris climate talks. The world’s governments meet every year in December as part of continuing negotiations on climate issues. This year’s meeting will be the most critical since Copenhagen, six years ago. The …
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CONTINUE READINGControlling Greenhouse Gas Emissions from Transport Fuels
The Performance and Prospects of California’s Low-Carbon Fuel Standard
Transportation is the largest contributor of greenhouse gas emissions in California, responsible for about 37 percent of the state’s total emissions. This distinction makes the sector a prime target for regulation. But with tens of millions of emitting tailpipes, fuels sourced from out of state and around the world, decades-long vehicle lifespans, and many other …
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CONTINUE READINGTracking Coastal Adaptation
Implementing CA’s Innovative Sea Level Rise Planning Database
Higher sea levels are already affecting California’s 3400 miles of coastline, millions of coastal residents, economy, buildings, and critical infrastructure. Yet, oddly enough for a state that is a worldwide leader in climate change mitigation, California has only recently begun to focus seriously on sea level rise adaptation. Recent reports have cited a lack of preparedness …
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CONTINUE READINGJobs & Regs
The empirical evidence suggests that job loss from regulation is small.
It seems to be easy to make arguments one way or another about the effect of regulation on jobs. What does the evidence say? Those seeking an answer would do well to look at a recent book on the subject by Coglianese, Finkel, and Carrigan. Although the book is broader in scope, it provides a careful …
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CONTINUE READINGHas EPA’s Proposed NSPS Expired?
Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111
Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …
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CONTINUE READINGThe Case Against Sulking
States will only lose out if they refuse to cooperate with the Clean Power Plan.
Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court. He has been accused of inciting lawless behavior on the part of state governments. Let me come to his defense on this. (How often do I get to do that??) The states are under no legal obligation …
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