Regulatory Policy
Does the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?
New Article Addresses Hot Spot Pollution and the Clean Air Act
Over the last fifty years, we have made huge progress in cleaning up the nation’s air. Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and …
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CONTINUE READINGThe Trump Administration Just Released Its Proposal to Eviscerate Car Standards, Revoke California Authority
The Legal Grounds For Doing So Are Dubious At Best
As expected, the Trump Administration has released its proposal that recommends freezing combined fuel efficiency and greenhouse gas standards at 2020 levels for model years 2021-2025. The proposal also recommends revoking the waiver EPA granted California in 2013 to issue its own greenhouse gas emissions standards and to continue the state’s program to gradually increase …
CONTINUE READINGAwaiting the Climate Change “Trial of the Century”
Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October
The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial …
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CONTINUE READINGWeakening Vehicle Standards Ignores Decades of Successful Innovation in Emissions Control
EPA appears poised to abdicate their responsibility to protect public health
As my colleague Ann Carlson explained, the EPA is expected to announce a catastrophic rollback this week to freeze national vehicle emission and fuel economy standards and challenge California’s authority to set their own, more stringent standards. The Trump EPA’s decision to weaken the vehicle standards despite thorough midterm reviews by both the Obama-era EPA and California that …
CONTINUE READINGTrump’s Contradictory Policies
Trump’s policies clash with each other remarkably often.
A certain amount of policy inconsistency is inevitable in any Administration. But the Trump Administration seems to be breaking all records. The Administration does have strong impulses. The trouble is that its goals keep colliding. Here are some examples. Favoring gas at the expense of coal. . . And vice versa. Trump wants to promote …
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CONTINUE READINGWheeler EPA Looking to Freeze Auto Standards, Revoke California Waiver
Lawsuits will follow
According to a Bloomberg report this morning, the Trump Administration, under new EPA Administrator Andrew Wheeler, will release a proposal later this week to freeze greenhouse gas emission and fuel economy standards at 2020 levels. The effect is that automakers will face standards of about 35 miles per gallon rather than seeing the standards increase …
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CONTINUE READINGResponsibility for Historic Harm
Tort law embodies our society’s view of fairness. What does teach us about climate change?
Is it fair to hold companies responsible for past emissions, even if they didn’t know at the time the emissions were harmful? Shouldn’t it be a defense that they didn’t appreciate the risk at the time?Not if tort law is any guide. Tort law imposes liability for ongoing harm even though a company did not …
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CONTINUE READINGGuest Blogger Benjamin Miller: Suggestions to help EPA Successfully Implement Retrospective Reviews
On June 13th, the Environmental Protection Agency (EPA) issued an advanced notice of proposed rulemaking soliciting comments on how to improve the consistency and transparency of the cost benefit analyses that guide EPA’s regulatory decision making. Both are praiseworthy goals, particularly because executive orders issued by the Trump administration last year resulted in cost benefit analysis being used not …
CONTINUE READINGPreviewing California’s November 2018 Environmental Ballot Measures
Wide Array of Important Environmental Questions Confront California Voters
California’s Secretary of State has certified 12 ballot measures (“propositions,” in California election parlance) to appear on the state’s November 6, 2018 general election ballot. Many of those propositions–indeed, fully half of the dozen measures with which state voters will be confronted this fall–involve important environmental policy and legal questions. I’ll write in greater detail …
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CONTINUE READINGWhat Hath FERC Wrought?
FERC’s GOP majority has taken a swipe against renewable energy. It might work, or it might backfire.
At the end of June, in a vote divided along partisan lines, FERC handed down a sweeping order that will impact electricity markets in a wide swath of the country. — likely at the expense of renewable energy and nuclear power. Unfortunately, like Trump’s power plant bailout, the result may be to delay the closing …
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