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Showing 53 results

Alice Kaswan

Professor

Alice Kaswan is a Professor at the University of San Francisco School of Law.

Alice Kaswan | December 21, 2015

The Paris Agreement and Theories of Justice

As we seek to understand and assess the Paris Agreement over the coming months and years, we will continue to contemplate the critical underlying political and ethical question: who should be responsible?  And to what degree should that responsibility take the form of direct action versus providing support in the form of financing, technology transfer, […]

Alice Kaswan | August 17, 2015

The Clean Power Plan and Environmental Justice: Part Three

On Thursday and Friday of last week, I blogged about environmental justice and the Clean Power Plan. My first post considered how stringent targets and the right incentives could lead to significant aggregate reductions that will indirectly lead to reductions in co-pollutants that have a disproportionate impact on of-color and low-income communities. Friday, I examined […]

Alice Kaswan | August 14, 2015

The Clean Power Plan and Environmental Justice: Part Two

Yesterday in this space, I discussed how stringent Clean Power Plan targets are critical to achieving significant aggregate co-pollutant reductions that will indirectly benefit many overburdened communities. Today, I turn to classic environmental justice issues: the distributional effects of the plan and its community engagement provisions. As I explained in my short essay in CPR’s […]

Alice Kaswan | August 13, 2015

The Clean Power Plan and Environmental Justice: Part One

Though directed at greenhouse gases, the Clean Power Plan, by controlling existing fossil-fuel power plants, will have important implications for associated co-pollutants, many of which continue to be emitted at unhealthy levels notwithstanding decades of control.  The degree to which the Clean Power Plan will lead to reductions in traditional pollutants – the extent  of […]

Alice Kaswan | June 25, 2014

Utility Air Regulatory Group v. EPA: Little Impact on EPA Regulation of Greenhouse Gases

In Utility Air Regulatory Group v. EPA, seven members of the Supreme Court upheld the most important feature of the EPA’s Prevention of Significant Deterioration (PSD) program: the ability to require the vast majority of new and modified sources to install the “Best Available Control Technology” for reducing greenhouse gases (GHGs).  As a consequence, eighty-three […]

Alice Kaswan | June 19, 2014

Controlling Power Plants through Clean Air Act § 111(d): Achieving Co-Pollutant Benefits

Power plants are not only one of the nation’s largest sources of greenhouse gases, they are also a significant source of sulfur dioxide, nitrogen oxides, particulates, and mercury, all of which have direct public health and welfare consequences. EPA’s recently proposed Clean Power Plan, which applies Clean Air Act § 111(d) to reduce greenhouse gases […]

Alice Kaswan | September 23, 2013

EPA’s New Source Proposal: The ‘Category’ Question

On September 20, 2013 the EPA proposed new source performance standards for greenhouse gas emissions for new power plants.  Although the agency repackaged and fine-tuned an earlier proposal, issued in April 2012, it continues to hold the coal industry’s feet to the fire.  The proposal makes clear that new coal-fired power capacity cannot be built […]

Alice Kaswan | September 9, 2013

GHG Trading and Co-Pollutants: Expanding the Focus

I agree with David Owen’s recent blog post that David Adelman’s article, The Collective Origins of Toxic Air Pollution: Implications for Greenhouse Gas Trading and Toxic Hotspots, makes significant contributions to our awareness of the sources of toxic pollution and our collective responsibility for reducing emissions.  He focuses on the distributional implications of GHG trading […]

Alice Kaswan | June 13, 2012

Environmental Justice and GHG Cap-and-Trade: It’s More than a Complaint

California environmental justice groups filed a complaint last week with the federal Environmental Protection Agency arguing that California’s greenhouse gas (GHG) cap-and-trade program violates Title VI of the federal Civil Rights Act, which prohibits state programs receiving federal funding from causing discriminatory impacts.  They allege that the cap-and-trade program will fail to benefit all communities […]