Remove Clean Air Act Remove Conservation Remove Greenhouse Remove Technology
article thumbnail

Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

Legal Planet

greenhouse gas emissions, more than the electric power sector. EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. I’m an appellate litigator with a focus on climate and Clean Air Act cases.

article thumbnail

EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years

Law and Environment

SO2, and NOx – harmful air pollutants that are known to endanger public health. It was the at the core of the previous challenge to President Obama’s Clean Power Plan, which the Supreme Court rejected in West Virginia v. Emphasis added.] This language, particularly the bolded text, is important. The Court rejected this approach.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Legal Planet

EPA , the Supreme Court struck down the Obama-era Clean Power Plan. Conservative groups have claimed since then that virtually every government regulation raises a major question. EPA has decades of experience and expertise regarding vehicle technology. But the doctrine cannot be read that broadly. The rule is not unprecedented.

article thumbnail

Defending EPA’s Authority to Fight Climate Change – at the Supreme Court

Legal Planet

EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act in 1970. (We The Clean Power Plan never went into effect.

article thumbnail

Biden’s Proposed Power Plant Rule is a Solid First Step

Legal Planet

To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. Still, the fact that this draft rule follows the passage of the Inflation Reduction Act of 2022 (“IRA”) has enabled the EPA to be relatively stringent.

article thumbnail

What’s Up With the Supreme Court?

Law and Environment

EPA , which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. Of course, the EEI did so to ensure that the Clean Air Act continues to act as a shield against private tort actions over carbon emissions, but still. It’s difficult to call this Court conservative.

article thumbnail

The Utility Response to EPA’s Climate Rules

Legal Planet

Second, the industry doesn’t invoke the major question doctrine, making it clear that it does not view such technology mandates as out of bounds for EPA in the future. Technological Viability. It argues that these technologies have great potential. Third, most of its comments are focused on timing issues.