Regulation
Upcoming Regulatory Cases in the Supreme Court
Two pending cases could result in big cuts to agency powers
Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …
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CONTINUE READINGIncome-Based Electric Bills: Fact and Fiction
California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.
Under new legislation, California is moving to a novel system that includes income-based fixed charges for electricity. Some critics contend that this is a giveaway to incumbent utilities. It’s not. Others have implied that the charges reflect new costs to ratepayers on top of existing rates. This is also not accurate. There are, however, important …
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CONTINUE READINGClimate Change Got 4 Minutes in the GOP Debate
Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.
The topic of climate change got about 4 minutes of airtime during the first half of the first presidential primary debate held this week by Fox News. That’s actually a pleasant surprise when you think about it: human-caused global warming came up before Donald Trump’s indictments. In case you missed it, the full transcript of …
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CONTINUE READINGCars, Smog, and EPA
Over the past fifty years, EPA has overseen incredible reductions in auto pollution.
This is part of an occasional series of posts about the evolution of pollution standards. Today’s subject is pollution control for new vehicles, which have been known to cause smog since the 1960s. The history of these pollution standards is quite distinctive. At the high temperatures in internal combustion engines, some of the nitrogen in …
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CONTINUE READINGState Air Regulations Can Go Above and Beyond National Standards
State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met.
States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA) under the federal Clean Air …
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CONTINUE READINGConstraints on Rollbacks
Regulations have some sticking power, even when the White House changes hands.
The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …
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CONTINUE READINGCalifornia Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …
CONTINUE READINGBiden’s Proposed Power Plant Rule is a Solid First Step
The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.
On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …
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CONTINUE READINGE-bikes are a Climate Solution – Not a Menace
News stories that frame the rise of e-bikes as one big safety risk are not only short-sighted, they could lead to bad policy.
There’s a dangerous new mobility trend on American streets that’s captured the attention of the New York Times: e-bikes. Or so the Times, and some other media outlets, are suggesting with their editorial choices. “The e-bike industry is booming, but the summer of 2023 has brought sharp questions about how safe e-bikes are, especially for …
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CONTINUE READINGSackett and the Dangers of a New ‘Clear-Statement Rule’
The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy.
The Supreme Court decision in Sackett v. EPA limits the Environmental Protection Agency’s ability to defend a large portion of the nation’s wetlands and waterways from pollution. The decision strips key environmental protections from the Clean Water Act by narrowly defining which bodies of water can be regulated under the Act, making it the most …
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