Regulatory Policy
Why do Governments Around the World Use Supply-Side Regulations to Boost Clean Transport?
New CLEE report explores the benefits these policies provide to transition off fossil fuel dependency
While the U.S. may be backsliding on requiring more fuel efficient and zero-emission vehicles, the story globally is largely the opposite. Governments around the world are still seeking to improve air quality and meet greenhouse gas goals and are increasingly moving towards supply-side regulations for their vehicle fleets. These policies include fuel economy standards, emission …
CONTINUE READINGThe Trump Governance Playbook, in War and Peace
Going to war is very different than regulating pollutants, but the Trump Administration approaches both decisions similarly.
Trump’s approach to governance has some roots in previous practice, but it is not what Americans generally have been used to. It is a governance style that centralizes power not only within the executive branch, but in the executive branch at the expense of Congress, and in government rather than the public. Some might argue that this is more democratic since only the President is nationally elected. Others take a different view. There’s no question, however, that the governance system is in a very different mode of operation in all spheres, foreign and domestic.
CONTINUE READINGEliminating the Endangerment Finding Doesn’t Mean the Government Can’t Regulate Cars and Trucks
The Clean Air Act and Energy Independence and Security Act still give EPA, California, and NHTSA significant power.
The withdrawal of EPA’s endangerment finding is bad in many respects that I don’t want to downplay and that many have already focused on. But it’s also worth stressing that, should a president take office in 2029 who cares about climate and air pollution from cars and trucks, the federal government — and California — …
CONTINUE READINGWhat does BACA do? Part IV
Proposed CEQA ballot initiative changes permit approval procedures for all California laws, not just CEQA.
This is the fourth in a series of blog posts on the California Chamber of Commerce’s proposed ballot initiative amending the California Environmental Quality Act (CEQA). The first blog post is here. The second blog post is here. The third blog post is here. The initiative also changes all permitting procedures for any state agency …
Continue reading “What does BACA do? Part IV”
CONTINUE READINGDissecting EPA’s Endangerment Repeal: Series Wrap-Up:
Here’s what you need to know to understand the upcoming legal battles.
Yesterday was the last of five Legal Planet posts on EPA’s repeal of the Endangerment Finding, which it based on legal arguments that it has no power to regulate vehicle emissions of greenhouse gases. The series began with a quick overview of the issues. The remaining posts focus on the reasons that EPA was right to issue the Endangerment Finding in the first place in 2009, the legal precedents supporting the Endangerment Finding. and the impact of the repeal on future climate actions. The bottom line is that EPA was right to issue the Endangerment Finding and wrong to repeal it.
CONTINUE READINGHas Trump Actually “Driven a Dagger Through the Heart” of Climate Policy?
Lee Zeldin
Don’t jump to conclusions based on the Administration’s spin operation.
there’s a good chance that the repeal of the Endangerment Finding will be reversed by the courts. That would ground federal climate policy even more firmly in the law, so the Administration is taking a gamble. Saying they’ve one is as premature as a roulette player who’s just put all their chips on one number announcing that they’re now rich before the wheel has even started turning. Even if the courts do uphold the repeal, a lot will depend on just what legal theory the judges adopt. Some legal theories would slam the door on efforts by future Democratic presidents. Others would leave room to move forward.
CONTINUE READINGThe Overlooked Precedent Supporting EPA Regulation of Greenhouse Gases
Even Roberts and Scalia agreed that Mass. v. EPA is the law
An important precedent has been overlooked in the coverage of the Trump EPA’s repeal of the 2009 Endangerment Finding. The 2009 finding relied was based on , in which the Court had held that the Clean Air Act covers air pollution and directed EPA to determine whether greenhouse gases are harmful. One reason to worry about the litigation is that the conservatives Justices all dissented from Massachusetts v. EPA over the repeal. But there’s another equally important precedent: American Electric Power v. Connecticut (AEP). That ruling was joined by Chief Justice Roberts and Justice Scalia, so it may carry more weight.
CONTINUE READINGA.I. Pollution in the Air — and the Public Comments
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Artificial intelligence has already replaced some artists, translators, and podcast hosts. Now it’s coming for… concerned citizens? That’s right. AI-assisted campaigns have started flooding the inbox of government agencies that seek to engage with the public. Do you remember last June when the South Coast Air Quality Management District Board killed two common sense clean …
Continue reading “A.I. Pollution in the Air — and the Public Comments”
CONTINUE READINGIn the Cross Hairs
The Right has taken umbrage at some of the important work of environmental law professors and centers.
The fossil fuel industry and its conservative allies seem to have taken notice of the important work done by environmental law centers. Their response is to try to repress this valuable work. This is a backhanded acknowledgement that law schools are making a difference.This campaign has targeted some of the law schools with the most prominent environmental law programs. Climate scientists have long been the target of harassment and public attack. It appears that people who work on climate policy are now also in the crosshairs. What we’re seeing lacks the drama of other attacks on free speech and academic freedom. But it is capable of being no less harmful. McCarthyism writ small is still McCarthyism.
CONTINUE READINGHow to Create Permit Certainty?
What might be a good path forward for the FREEDOM Act?
This is the third post in a series looking at the most recent proposed legislation for permit certainty, the FREEDOM Act. Part one, discussing why Congress is considering permit certainty and its importance, is here. Part two, analyzing the strengths and weaknesses of the bill, is here. The good parts of the bill – making …
Continue reading “How to Create Permit Certainty?”
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