By Samantha Caravello -- Aug. 13, 2013 at 12:52pm Natural gas is being widely lauded as the “bridge fuel” that will allow the United States to reduce its greenhouse gas (GHG) emissions, kick its addiction to foreign oil, and create jobs to boot. But it’s worth taking a closer look at the impacts of natural gas production before getting comfortable with the idea of it as the … [Read more...] about “Fugitive” natural gas emissions on the run from the law
clean air act
By Laura King Coalition for Responsible Regulation v. EPA follows from and amplifies the Supreme Court’s decision in Massachusetts v. EPA. Both cases announce the Environmental Protection Agency’s power to regulate greenhouse gases under the Clean Air Act — with Massachusetts v. EPA prodding a reticent EPA into regulation of greenhouse gases under the motor vehicle provision … [Read more...] about Changing Climate, Unchanging Act, Improvising Agency, Enabling Court: The Story of Coalition for Responsible Regulation v. EPA
By David Baake Since the New Deal era, the Supreme Court has interpreted the Spending Clause to permit Congress to use conditional grants to encourage state governments to take action that Congress could not require them to take. In National Federation of Independent Business v. Sebelius, the Supreme Court unexpectedly restricted this power, holding for the first time ever … [Read more...] about Federalism in the Air: Is the Clean Air Act’s “My Way or No Highway” Provision Constitutional After NFIB v. Sebelius?
By David R. Brody On June 20, 2011, the Supreme Court issued a unanimous and straightforward decision that the Clean Air Act displaces federal common law public nuisance claims against greenhouse gas emitters. The decision solidifies the Environmental Protection Agency (“EPA”)’s primacy, established in Massachusetts v. EPA, as the climate change regulator. In American … [Read more...] about Comment: American Electric Power Co. v. Connecticut
By Jody Freeman This Article is the first comprehensive analysis of the Obama Administration’s national auto policy, which set the first federal greenhouse gas standards and strictest fuel efficiency standards for new cars and trucks in U.S. history. It describes the complicated legal, administrative and political background that led to a harmonized federal program, including … [Read more...] about The Obama Administration’s National Auto Policy: Lessons from the “Car Deal”