Clean Air Act
SCOTUS Invokes Major Questions Doctrine to Restrict EPA Regulation of Greenhouse Gases
On June 30, 2022, the U.S. Supreme Court restricted the Environmental Protection Agency’s ability to regulate greenhouse gas (GHG) emissions in its 6-3 decision for West Virginia v. EPA. The majority for the Court held that EPA’s “generation shifting” objectives found in the Obama Administration’s Clean Power Plan fell outside the meaning of the “best…
EPA Releases Enforcement Discretion Guidance in Response to COVID-19
These days, it seems as though COVID-19 is leaving no aspect of government untouched, and federal environmental regulation is no exception. The U.S. Environmental Protection Agency (EPA) issued a memorandum on Thursday, March 26th outlining “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” This temporary guidance explains how EPA plans to exercise enforcement discretion…
Clean Power Plan Repeal and Replacement Proposed By EPA
By: Jonathan Kalmuss-Katz On August 18, 2018, the Trump administration proposed sweeping changes to U.S. Environmental Protection Agency (“EPA”) regulations of power plant greenhouse gas (“GHG”) emissions, which would replace the Clean Power Plan regulations promulgated by the Obama administration in 2015. According to EPA’s projections, the proposed changes would result in increased emissions of…
Federal Agencies Begin Rulemaking to Weaken Fuel Economy Standards
By: Nathaniel Eisen As one of numerous attempts by the Trump Administration to roll back Obama-era rules, in the coming weeks, the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) are expected to announce a proposed rule that would weaken the agencies’ 2012 national standards for vehicular greenhouse gas emissions and fuel…
Executive Order Begins the Formidable Process of Dismantling Federal Efforts to Address Climate Change
On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change. While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face…