Regulation

Dueling California Drought Relief Bills Debated on Capitol Hill

Stark Differences Emerge Between Competing House and Senate Bills

What can and should the federal government do to assist the State of California in weathering the worst drought in recorded state history? While the U.S. House of Representatives is embroiled in a chaotic political debate over selection of a new House Speaker, the more deliberate consideration of new legislation continues apace in the Senate. …

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Gaping Hole in EPA’s Methane Rules

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

In August, EPA released proposed rules to reduce fugitive methane and VOC emissions from oil and gas operations.  While this is a significant action in the fight against climate change, and much needed in light of the shale-driven national drilling renaissance, there is a gaping hole in the methane rules that has environmentalists worried — …

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DuPont Found Liable In First of 3,500 Lawsuits

Chemical Used in Teflon Linked to Numerous Health Problems, but its Use is Still Legal Under TSCA

Yesterday, a jury in the Southern District of Ohio found DuPont liable for a woman’s kidney cancer in the first of 3,500 suits the company faces. The cases all stem from DuPont’s use and disposal of perflourooctanoic acid (PFOA) or C8. The chemical is used to make Teflon, among other things, and the most recent …

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Exploring Potential Challenges to EPA’s New Source Performance Standard: PART III

CCS for coal power plants, but not natural-gas power plants?

This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …

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Is CCS the “best” system of emission reduction for coal-fired power plants?

Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II

This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …

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Volkswagen

What Does That Name Mean Now?

Stunning. But not shocking. That was my reaction to the massive fraud admitted by Volkswagen recently. Stunning in its sheer size and reach; half a million cars in the United States and another ten and a half million globally. Yet not very surprising given the fact that use of mechanical and digital cheat devices has …

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Is Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?

Exploring potential challenges to EPA’s New Source Performance Standard: PART I

This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …

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Resources on the Clean Power Plan

and EPA’s Other Rulemakings under Clean Air Act § 111

On August 3rd, EPA released its long-awaited Clean Power Plan, which implements Clean Air Act § 111(d) to set the first-ever national standards for carbon emissions from existing fossil-fuel-fired power plants. The Clean Power Plan calculates reasonably achievable performance rates for existing coal, oil, and natural gas power plants across the country, and assigns an …

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Can We Trust the Science? The Challenge of Irreproducible Results

In the peer review process, articles submitted to scientific journals are sent to experts in the field who then assess the methodology, results and conclusions. Based on their feedback, authors often revise and re-submit, publishing an improved article as a result. Peer reviewers rarely attempt the actual experiments described in the paper.  Irreproducible results are …

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And a Child Shall Sue Them: Ambitious New Climate Lawsuit Filed Against Obama Administration

Will This Litigation Be More Successful Than Earlier, Related “Atmospheric Trust” Lawsuits?

Late last week, attorneys representing children from around the nation filed a provocative new lawsuit in federal court, arguing that the Obama Administration is violating the children’s constitutional rights by not taking far more dramatic steps to curb greenhouse gas emissions and address climate change concerns. The newly-filed complaint in the lawsuit, Juliana ex rel. …

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