Regulatory Policy
EPAās Proposed 111(d) Rule: Some Insights & Open Legal Questions (PART I)
The first in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation
As LegalPlanet reported earlier this week, EPA has released a proposed ruleĀ to regulate carbon dioxide (CO2) emissions from existing power plants under Clean Air Act § 111(d). Ā You can read the full text of the proposed ruleĀ here. The rule would have the overall effect of reducingĀ CO2 emissions from existing power plants or āelectric generating unitsā …
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CONTINUE READINGThe Top 10 Reasons Why EPA’s Powerplant Rule is like Obamacare
Death Panels! War on Coal!
Opponents in Congress have likened EPA’s proposed rule covering greenhouse gas emissions to Obamacare. Ā In fact, one called it “Obamacare 2.0”. Ā In a helpful spirit, I thought it would be edifyingĀ to list the similarities: 1o. Ā The powerplant rule and Obamacare both give state government a major role. 9. Ā They were both endorsed by President Obama. …
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CONTINUE READINGEPA Releases Section 111(d) Rule for Existing Power Plants
Rule would reduce climate change-related carbon dioxide emissions from existing power plants 30 percent below 2005 levels by 2030
Today, EPA formally released its long-awaited ruleĀ to regulate carbon emissions from existing power plants under Clean Air Act § 111(d). Ā Read the full text of the ruleĀ here. As leaked to the media yesterday, the rule would have the overall effect of reducing carbon dioxide emissions from electric generating units (EGUs, or power plants) 30 percent …
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CONTINUE READINGEPA’s Proposed Greenhouse Gas Emissions Rules Are Remarkably Business-friendly
Business wins on baseline year, flexible compliance methods will keep costs down
President Obama’s EPA will tomorrow issue proposed greenhouse gas limits for existing power plants. Ā By all accounts the rules will be a remarkable step forward in the fight against global warming, with the U.S. finally demonstrating significant leadership on an issue on which it has lagged behind for more than a decade. Ā And yet from …
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CONTINUE READINGObama’s Section 111d Plan Has Support From George H.W. Bush’s EPA General Counsel, Utility Executives
E. Donald Elliott calls EPA’s approach
When President Obama’s Environmental Protection Agency releases its Clean Air Act Section 111(d) regulations to control greenhouse gases emitted by the electricity sector on Monday, we can expect howls of protest from the usual suspects: Ā Congressional Republicans, industry groups representing big coal interests, even some coal-state Democrats. Ā But the Obama approach is already receiving praise …
CONTINUE READINGObama’s Clean Air Act 111d Rules Are Legally Required, Not an End Run Around Congress
Massachusetts v. EPA triggered the President’s Action
On Monday, President Obama is expected to release proposed regulations to cut carbon emissions from existing power plants. Ā Leaks to date suggest that the rules, which will cover 40 percent of total U.S. greenhouse gas emissions, will be ambitious and far-reaching, requiring cuts of approximately 20 percent from the electricity sector. We can already anticipate …
CONTINUE READINGGuest Blogger Kate Konschnik: EPAās 111(d) Authority ā Follow Homer and Avoid the Sirens
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agencyās statutory interpretation. In that case, the Supreme Court upheld EPAās interpretation of Clean Air Act language. This month, …
CONTINUE READINGThe Los Angeles River and GOP Ideology: Everybody Wins!
A few years ago, I heard Bruce Babbitt here at UCLA describe the U.S. Army Corps of Engineers as “just a terrible agency.” Then he repeated it, just to make sure that we all heard him. When a politician does something like that, you know that he’s reached the end of his rope. The Los …
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CONTINUE READINGReassuringly Stupid
The House GOP’ is trying to stop the Pentagon from thinking about climate change. Here’s why it won’t work.
The military considers climate change to be a threat to national security. Ā Naturally, that’s news that the House Republicans would like to suppress. Ā Last week, they tried to do something about it with an appropriations rider. Luckily, the amendment is so poorly drafted that it wouldĀ accomplish almost nothing. Here’s the language of the amendment: None …
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CONTINUE READINGInsurance for Climate Disasters
Nobel-prize winning economist Robert Schiller has a New York TimesĀ op-ed about the need for insurance against risks of climate change. Ā Speaking of the latest U.S. climate assessment, he writes: After discussing how to mitigate the coming dangers, the report says, āCommercially available mechanisms such as insurance can also play a role in providing protection against …
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