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This item cross-posted by permission from Legal Planet. Greenwire reports that one issue in the confirmation hearing may be a case involving climate change.  The plaintiffs sued under the federal common law of nuisance for injunctive relief against public utilities for their carbon emissions.  The case has now been pending before a panel including Judge […]

Cross-posted by permission from Legal Planet. In an opinion by Justice Kennedy, the Supreme Court decided two issues in this case, over a dissent by Justice Ginsburg.  The first was whether the Clean Air Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue […]

The Congressional Budget Office recently issued its report on the Waxman-Markey bill. The Washington Times soon trumpeted: “CBO puts hefty price tag on emissions plan: Obama’s cap-and-trade system seen costing $846 billion.” This is quite misleading. Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers […]

The first line of defense against climate regulation was that climate change didn’t exist. The next line of defense was that maybe it was real, but it wasn’t caused by humans. Now we’re up to the third line of defense: it does exist and it is caused by humans, but it’s too expensive to fix. […]

On Sunday, John Boehner, the House Republican leader, explained his view of climate changeto George Stephanopoulos: “George, the idea that carbon dioxide is a carcinogen, that it’s harmful to our environment is almost comical. Every time we exhale, we exhale carbon dioxide. Every cow in the world, uh, well, you know when they do what […]

Today, EPA gave notice that it intends to regulate greenhouse gases under the federal Clean Air Act. Technically, the notice is a proposed finding that greenhouse gases endanger public health. When it becomes final after EPA has had a chance to consider public comments, this finding will trigger other regulatory requirements that will move the […]

As ClimateWire reported (available via nytimes.com) the other week, government agencies are struggling with how to fit climate change into the process of environmental review (such as for licensing energy facilities or expanding offshore oil drilling). At one level, this is a no-brainer. Greenhouse gases contribute to climate change, and climate change is the biggest […]