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Showing 191 results

Climate Change Protest showing a sign that says "there is not planet B"

Daniel Farber | April 29, 2024

Climate Policy and the Audacity of Hope

The bad news is that we’re not yet on track to avoid dangerous climate change. But there’s also good news: We’ve taken important steps that will ease further progress. We should resist the allure of easy optimism, given the scale of the challenges. Neither should we wallow in despair. There’s a good basis for hope.

air pollution

Daniel Farber | April 25, 2024

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

The U.S. Environmental Protection Agency (EPA) has issued a cluster of new rules designed to limit carbon emissions from power generators. Once upon a time, the presumption would have been that the rules would quietly go into effect, until someday a court rules on their validity. These days, we can expect a lot of action to begin almost right away.

Daniel Farber | March 28, 2024

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

In West Virginia v. EPA, the U.S. Supreme Court struck down the Obama-era Clean Power Plan. The heart of the ruling was that the U.S. Environmental Protection Agency (EPA) had engaged in a power grab, basing an unprecedented expansion of its regulatory authority on an obscure provision of the statute. Conservative groups have claimed since then that virtually every government regulation raises a major question. But the doctrine cannot be read that broadly. In particular, the doctrine does not apply to the emission standards for cars that EPA issued last week. As EPA explains in its prologue to the rule, the car standard is very different from the Clean Power Plan.

air pollution

Victor Flatt | March 14, 2024

Op-ed: Whether the Government Requires It or Not, Greenhouse Gas Disclosures Are Here to Stay 

Last week, the U.S. Securities and Exchange Commission (SEC) released its long-awaited final rule requiring publicly traded companies to report certain climate risks and greenhouse gas emissions as part of their financial risk disclosures.

Federico Holm | February 22, 2024

Fine Particle Pollution: Unevenly Distributed, Driven by Heavy Traffic, and Supercharged by E-commerce

On February 7, the U.S. Environmental Protection Agency (EPA) finalized new and stronger air quality standards for fine particle pollution (commonly known as soot), a harmful pollutant and byproduct of burning coal, manufacturing, oil refining, and motor vehicles. Soot is one of the nation’s most dangerous air pollutants, and one of the most widespread, though it disproportionately impacts the health of structurally marginalized communities. Multiple reports have found that people living within half a mile of warehouses have higher rates of asthma and heart attacks than residents in the area overall, increased risk of cancer, and nervous system effects.

Sophie Loeb | February 15, 2024

North Carolina Utilities Commission Should Ensure Public Participation on Proposed New Methane Gas Plants

As North Carolinians continue to grapple with rolling blackouts and rising energy bills, yet another pending environmental catastrophe is developing in our backyards. Duke Energy, our state’s monopoly utility provider, has submitted filings for two new methane gas power plants — one at the current Roxboro coal plant in Person County and another at the Marshall plant on Lake Norman.

air pollution

Daniel Farber | February 13, 2024

The New Particulate Standard and the Courts

EPA has just issued a rule tightening the air quality standard for PM2.5 — the tiny particles most dangerous to health — from an annual average of 12 micrograms per cubic meter down to 9 micrograms per cubic meter. EPA estimates that, by the time the rule goes into effect in 2032, it will avoid 4,500 premature deaths, 800,000 asthma attacks, and 290,000 lost workdays. Most likely, by the time this post goes up, someone will have filed a lawsuit to overturn the EPA rule. What legal arguments will challengers raise, and what are their chances of winning? Let’s consider the possible challenges one by one.

Daniel Farber | February 2, 2024

Interstate Pollution and the Supreme Court’s ‘Shadow Docket’

Later this month, the U.S. Supreme Court will hear oral argument about whether to stay a plan issued by the U.S. Environmental Protection Agency (EPA) to limit upwind states from creating ozone pollution that impacts other states. As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than urgent. It was puzzling to me why after many weeks, the Court was still sitting on the “emergency” requests of the upwind states to be rescued from the EPA plan. Given that the Court seems to think the issues are important enough to justify oral argument, however, it’s worth examining what seems to be bothering the Court about implementing the EPA plan.

Daniel Farber | January 10, 2024

The Bumper Crop of New State Climate Policies Since July — Part II

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved. Part II of this post covers state climate action from New Jersey to Washington State during the second half of 2023, as well as multi-state efforts.