Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more
On the heels of oral argument before the U.S. Supreme Court, we provide an update to a prior ELM post whether the U.S. Environmental Protection Agency’s has the ability to regulate carbon emissions from coal- and gas-fired...more
West Virginia v. EPA, No. 20-1530; North American Coal Corp. v. EPA, No. 20-1531; Westmoreland Mining Holdings v. EPA, No. 20-1778; North Dakota v. EPA, No. 20-1780: In four consolidated cases, the Court agreed to review the...more
On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more
On February 9, 2016, the Supreme Court of the United States (SCOTUS) took an unprecedented step by halting the implementation of the Obama Administration's federal regulation to control carbon dioxide emissions, generally...more
In an unprecedented action, the U.S. Supreme Court has stayed implementation of the Obama administration’s Clean Power Plan regulations. The case is now under review by the U.S. Court of Appeals for the D.C. Circuit, with a...more
On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more
In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more
Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more
The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more
On August 3, 2015, the Environmental Protection Agency (“EPA”) issued three separate but related actions to address carbon pollution from power plants: 1) the final Clean Power Plan, President Obama’s signature effort to...more
Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more
The U.S. Court of Appeals for the District of Columbia Circuit heard oral argument on the first legal challenges to EPA’s “Clean Power Plan” on April 16, 2015. The plan is a proposed rule under Section 111(d) of the Clean Air...more
Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the...more
EPA’s proposed greenhouse gas emission standards for new power plants rest on the agency’s finding that carbon capture and sequestration (CCS) technologies are “achievable” and the “best system” for the reduction of carbon...more