article thumbnail

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

Legal Planet

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Here goes: I. Cross-cutting A.

Law 203
article thumbnail

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

Legal Planet

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. For about 15 years I’ve been practicing in a very small firm.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

Legal Planet

First, EPA’s preferred technology to limit carbon emissions — carbon capture and storage (CCS) — isn’t just pie in the sky. And any claim that EPA has gotten the facts wrong is a perfectly routine administrative law issue, not an extraordinary major legal question.

article thumbnail

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

Legal Planet

Regulating the carbon emissions of thousands of power plants is not a choice, it’s what’s required under the Clean Air Act and subsequent determinations and court decisions.  If this all feels like deja vu, that’s because we’ve been here before. Long story short, they did and it is. EPA,” says my colleague Prof.

article thumbnail

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

Legal Planet

EPA has decades of experience and expertise regarding vehicle technology. Looking specifically at electrification technologies, start-stop systems were projected at 45 percent and were used in 10 percent of vehicles, while strong hybrids were projected to be 6.5 The rule is not unprecedented.

article thumbnail

EPA and the Student Loan Decision

Legal Planet

Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.

article thumbnail

“Major Questions” for Texas (and for the Environment)

Legal Planet

In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those that pose “major questions”) must be made “pursuant to a clear delegation” from Congress.