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

Legal Planet

Image via PickPik On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. 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.

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

Legal Planet

Conservative groups have claimed since then that virtually every government regulation raises a major question. None of these apply to the new car rule: The new rule is based on a legal provision that EPA has applied for decades to regulate cars, rather than an obscure and rarely used legal provision. The rule is not unprecedented.

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

Legal Planet

And they will raise other arguments — primarily, that the technologies that EPA is relying on to reduce emissions aren’t ready for prime time. Under the Clean Air Act, nationwide EPA air pollution rules can only be challenged in the D.C. At that point, there will be more lawsuits.

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U.S. Climate Law: A Broad & Rapidly Growing Field

Legal Planet

EPA regulation of greenhouse gas emissions under the Clean Air Act (CAA) A. Investment and incentives for clean technologies under the Inflation Reduction Act. Nuclear power regulation D. FERC pipeline regulation (natural gas and hydrogen). Standing based on climate impacts C.

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EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

Legal Planet

Today’s the day for the long-awaited release of Environmental Protection Agency regulations to tackle planet-warming pollution by the nation’s power plants. The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. Four years later under George W.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

CARB’s Low Carbon Fuel Standard (LCFS) seeks to incentivize the production and sale of alternative, lower emissions transportation fuels in order to displace conventional fossil fuels. To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels.

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The Profound Climate Implications of Supreme Court’s West Virginia v. EPA Decision

Union of Concerned Scientists

That’s because the case, which was about the nature and scope of EPA authority in regulating carbon emissions from existing power plants, turned on a rule that does not exist. Because while this decision does still recognize EPA’s authority to regulate greenhouse gas emissions, it simultaneously sharply curtails the agency’s ability to do so.