Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
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
The EV industry continues to face federal regulatory and political uncertainty and now, the clock is ticking on the Inflation Reduction Act’s electric vehicle (EV) tax credits and incentives. The recently proposed House and...more
Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more
The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more
As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp...more
What’s Next in the Regulation of Methane Emissions? Previously in our sessions, I have discussed carbon dioxide and what policymakers should do about it. Last month I explained it in full in a speech to the Independent...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more
On Monday, July 19, 2021, Sen. Chris Coons (D-DE) and Rep. Scott Peters (D-CA-52) introduced The FAIR Transition and Competition Act of 2021 (S. 2378). The bill would, among other things, amend the Internal Revenue Code of...more
In an extended Earth Day event, President Biden hosted the virtual Leaders Summit on Climate (“Summit”) on April 22 and 23, seeking to unite nations around the world in the goal of reducing global greenhouse gas (“GHG”)...more
Trade groups sue California to stop threatened species listing for Western Joshua Tree - Bullet Desert Sun – October 27 - Several trade groups and a high desert town sued in Fresno County Superior Court on October 21 over...more
In an eight-part series, we will examine initiatives outlined in recent congressional Democratic climate proposals, particularly the Climate Leadership and Environmental Action for our Nation's (CLEAN) Future Act introduced...more
Key Points - House Democrats have released draft text for the CLEAN Future Act, a comprehensive climate bill that aims to achieve net-zero greenhouse gas pollution throughout the United States by 2050 by directing federal...more
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy. The Result: In the near term, it is easy to...more
The Subcommittee on Clean Air and Nuclear Safety (“Subcommittee”) of the United States Senate Committee on Environment and Public Works is holding a hearing today on legislation related to air issues. ...more
On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more
On February 1st, I published an editorial arguing that the U.S. Environmental Protection Agency should use an obscure provision of the Clean Air Act to broadly regulate greenhouse gas emissions. This provision, Section 115,...more
In the latest development relating to West Virginia’s new aboveground storage tank (“AST”) legislation, on December 22, 2014, the West Virginia Department of Environmental Protection (“WVDEP”) filed with the West Virginia...more
Environmental and Policy Focus: U.S. officials cut estimate of recoverable Monterey Shale oil by 96% - Los Angeles Times - May 23: Federal energy authorities have slashed by 96 percent the estimated amount of...more
In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Environmental Protection Agency; Nuclear Regulatory Commission; International;...more