Category Archives: Uncategorized

Review of New Source Review Changes in Affordable Clean Energy (ACE) Proposal

October 29, 2018 The Trump administration’s Affordable Clean Energy (ACE) proposal to replace the Clean Power Plan (CPP) includes an amendment to the Clean Air Act (CAA) New Source Review (NSR) program that would significantly curtail the applicability of NSR permitting to power plants. In doing so it would weaken a program that the EPA […]

Take a Tour 

Changing What Science the EPA Will Consider – Part III

We have written previously about the EPA’s effort to close its eyes to established science as a means of undermining public health protections. Part I explains what this anti-science effort is and why it matters, and Part II outlines the flaws in the specific proposal that the EPA offered. As part of the public comment process, a […]

Take a Tour 

Legal Analysis of the Proposals to Repeal and Replace the Clean Power Plan

In October 2017, EPA proposed repealing the Clean Power Plan because the agency is changing the interpretation of section 111(d)’s “best system of emissions reduction” (BSER), which EPA relied on when issuing the CPP. The CPP determined that BSER included the replacement of higher-emitting generation with lower-emitting generation supplied via the grid (“generation-shifting”). The repeal proposes that the “best” interpretation of Clean Air Act section 111(a)(1)’s “best system of emission reduction” is limited exclusively to measures that can be applied “inside the fence line”.

Take a Tour 

Goffman in The Environmental Forum: Reconstructing an Administrative Agency

10/10/2018 “‘Be grateful to everyone.’ Buddhists in Tibet say this to remind themselves that adversity offers a path to enlightenment. In that spirit, this is an overdue thank you note to former administrator Scott Pruitt, for reminding us what EPA is for. His efforts to roll back a host of air, water, and waste rules […]

Take a Tour 
Post Image

Hana Vizcarra at Vermont Law Review Symposium

September 19, 2018 Environmental & Energy Law Program Staff Attorney Hana Vizcarra spoke at the Vermont Law Review’s 2018 Annual Symposium on Friday, September 14th. This year’s Symposium theme was “Corporations and Climate Change: How Businesses are Changing the Environmental Landscape.” She spoke about how the discussion around incorporating more expansive climate-risk disclosures in financial […]

Take a Tour 

CAFE Standards and the California Preemption Plan

The National Highway Traffic Safety Authority (NHTSA) and the Environmental Protection Agency (EPA) have proposed to treat California’s greenhouse gas standards as preempted by the Energy Policy and Conservation Act (EPCA). Here’s our legal analysis of this and the proposed new emissions and fuel economy standards.

Take a Tour 

Hydraulic Fracturing (Fracking) on Federal and Indian Lands – More Information

Click here to return to our primary page on Fracking on Federal and Indian Lands, with the current status and discussion of why this rule matters.  History On March 20, 2016, six days before the final rule was published, industry groups sued BLM to stop the rule. – Independent Petroleum Ass’n of America v. Jewell, […]

Take a Tour 

Guest Author Series: Curtis Copeland on GAO and the Congressional Review Act

This is a summary of a white paper, for the full version please click here.  “Errors and Inconsistencies in GAO’s Reports on the Congressional Review Act” Curtis W. Copeland [1] July 11, 2018 Introduction On March 13, 2018, the Government Accountability Office (GAO) published a report that, among other things, concluded federal agencies were frequently not […]

Take a Tour 

Denying the Health Benefits of Pollution Reduction

If the EPA wants to defeat its mandate to protect public health and the environment from pollution, a coordinated series of attacks on how the benefits of pollution reduction are defined and quantified is on the critical path to doing so.  Since at least October 2017, the EPA has taken steps along that path, introducing […]

Take a Tour 

Subverting the Process of Setting Health-Based Air Quality Standards: Our Interview With Janet McCabe

Listen below to our recent podcast featuring Janet McCabe, former Acting Assistant Administrator for the EPA Office of Air and Radiation and current Assistant Director for Policy and Implementation at Indiana University’s Environmental Resilience Institute and a Senior Law Fellow at the Environmental Law and Policy Center.   Key points from our interview: The science- […]

Take a Tour