On Friday, the D.C. Circuit issued a brief order in a case called New York v. EPA. In some respects, the order was a foregone conclusion, given the same court’s September ruling in a case called Wisconsin v. EPA. But it’s nonetheless noteworthy. Both the New York and the Wisconsin case involved a section in […]
Comparing the Governor’s statements with the text of the bill
The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas. However, Governor Newsom has indicated he will veto SB 1, on the grounds that […]
The answer may lie in the electric vehicle investments the industry is busy making
As we move ever deeper into an all-out legal war between California and the Trump Administration over rollbacks of automobile emissions standards (something Ann, Cara, and Julia have been covering very well), I want to explore in a little more depth why the automakers have been so resistant to Trump’s rollback efforts. The auto industry […]
How Many Misstatements Can You Find?
This morning, the Environmental Protection Agency and Department of Transportation formally announced — as expected — that the Trump Administration is revoking California’s waiver to set its own vehicle standards. Yesterday, Trump tweeted the news, coupling it with falsehoods claiming that the rollback would save lives and save consumers money. As I blogged yesterday, both […]
Further evidence of a shift in public opinion on climate change.
As I discussed in a September 9th post, public opinion has been shifting toward greater recognition of climate change and the need to respond. Much of the evidence came from polls dating back a few months. Further evidence is provided by two polls released this week. People do seem to be waking up to the […]
The rollback will not make drivers safer and will not save consumers money
President Trump just sent out a series of tweets announcing and defending his decision to revoke California’s permission to issue its own tough standards to reduce carbon pollution and require manufacturers to sell Zero Emission Vehicles in the state. Julia has a great analysis of why the decision is terrible policy and bad law that […]
Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible
This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and […]
Is there any legal basis for the Trump Administration’s actions?
Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the […]
Threatening letter, investigation in addition to waiver revocation
Today in the Trump spite wars against California and the four auto manufacturers, we learn that the threat to revoke California’s waiver was only the first salvo from the administration. As I blogged last night, the Administration is considering revoking California’s federal waiver to issue pollution standards for cars without simultaneously rolling back tough auto […]
Move Motivated by Spite, Not by Policy Considerations
A White House official today confirmed to Politico that the Administration is considering revoking California’s permission (called a “waiver”) to set its own greenhouse gas emissions and zero emission standards for cars and light trucks. Rumors are that the waiver revocation could happen as early as tomorrow. The news in this announcement is that the […]