Carbon Emissions Conservation Politics Regulations 
Legal Planet
JANUARY 13, 2022
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. Today, however, I’m going to focus instead on the conservative split and what it might mean for environmental law.
Legal Planet
NOVEMBER 27, 2023
No doubt the real motives are more mundane: ignorance, financial gain, political ambition, or fear of change. His administration attempted to eliminate every regulation limiting carbon emissions, promoting energy efficiency, or expanding renewable energy. Donald Trump is, of course, the poster child for this campaign.
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Legal Planet
MAY 16, 2022
That being said, there are signs that the conservative supermajority has already begun to experience internal tensions. The main evidence consists of two recent speeches by arch-conservative Justices. Barrett and Kavanaugh are undoubtedly conservative, but at least in some cases they have seemed more lawyerly than Alito and Thomas.
Circle of Blue
OCTOBER 4, 2022
Indiana regulates the underground storage of carbon dioxide. Navigator responds that it has complied with state regulations, which require the company to notify landowners in the pipeline’s path and consider citizen safety when routing the project. The company is seeking powers of eminent domain from state regulators.
Legal Planet
JANUARY 2, 2024
Anti-regulatory conservatives favored this doctrine in the Reagan days, but not so much since Democrats showed their own ability to make use of this agency discretion. The Biden Administration has issued important regulations to cut carbon emissions and air pollution from trucks and cars. Will the D.C.
Legal Planet
MAY 16, 2024
Unless the Court moderates its views, future regulations will face tough sledding. And would the limits be set by regulations applying to entire industries, or on a facility-by-facility basis? Initially, Chevron was hailed by conservative judges and commentators. With that as background, here’s the list in chronological.
Legal Planet
JANUARY 17, 2022
In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions. The Court ruled in both cases on the principle that an agency can take action of “vast economic and political significance” only it Congress has plainly authorized it to do so.
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