Kayla Race

I like clean air, clean energy, commuting by bike, and justice & equity. MA➡️ San Diego➡️ Salt Lake City.

[Sher Edling @sheredlingllp]

"To date the federal courts at the district and circuit court level have achieved a remarkable uniformity on the questions presented by petitioners in Boulder...In the absence of any current circuit split, no split will widen." ($)
https://t.co/DQ0lQZtQRO

[Kayla Race @KaylaRace]

How Justices' EPA Ruling Thwarts The Will Of The People - Law360 https://t.co/ynXdCbP22R

[Amy Turner @amyturner]

❌Things West Virginia v EPA does NOT say❌

🏭that EPA can't regulate power plants
🚗that EPA can't regulate GHGs from other sources
♨️that EPA can't regulate other air pollutants
🏦that federal agencies can't act on climate
🏙️anything at all about state/local authority

[Kayla Race @KaylaRace]

WV v EPA “will likely limit the EPA’s authority to address climate change …. But the issue is even broader… the court has struck at the heart of government agencies’ ability to protect the public.” https://t.co/efJvTPGHfv

[Kayla Race @KaylaRace]

This is a really great thread for understanding the WV v EPA SCOTUS case on the breadth of EPA’s authority to regulate GHGs from power plants, & more broadly any agency power under the Court’s “Major Questions Doctrine”—basically ‘use it or lose it’ but also dont use it too much

[Kayla Race @KaylaRace]

Utah Youth Say State Fossil Fuel Policies Violate Rights - Law360 https://t.co/kS9ZqbwRxH

[Kayla Race @KaylaRace]

Utah set to close many COVID-19 test sites & discontinue daily data releases, & is considering barring biz’s from requiring masks & vaccines bc Gov. Cox says residents “are ready to be done with this.” —> this is not a good way to make public health decisions

[Kayla Race @KaylaRace]

10th Circ. Again Says Climate Suit (by cuties & counties against oil cos) Belongs In Colo. Court, & is not a fed Q & nor preempted by fed law - Law360 https://t.co/42nSA5V9yu

[Kayla Race @KaylaRace]

Yet another court ruling that NEPA reviews of fed fossil fuel leases must analyze climate impacts, and it won’t fly to conclude that overall GHGs will be same regardless of lease approval.

Gulf Oil Leasing Annulment Puts Climate Crisis Upfront - Law360 https://t.co/NVflbWNJJ4

[Kayla Race @KaylaRace]

9th Circ. Revives Antitrust Suit Over Ariz. Utility's Solar Rates — Interesting case. Look forward to seeing what remedies the solar customer plaintiffs can get on remand. Maybe lessons for elsewhere where utilities are imposing anti-solar rates. https://t.co/06e6SPs9JE

[Jan Hasselman @JanHasselman]

For climate law geeks: the decision highlights anew the unworkable approach to assessing GHG emissions from big fossil projects. Biden admin found this massive lease sale would DECREASE GHG emissions by displacing other sources. Insane. We need a new approach.

[Eddie Stenehjem @E_Stenehjem]

COVID in Utah:
🏥 - hospitalizations never higher
🧬 - test positivity > 40%
📈🦠 - who knows what our true case counts are....HIGH
👨‍⚕️👩‍⚕️ - critical staffing shortages, burnt out caregivers

Meanwhile...
State lawmakers recind local mask requirements.

🤦‍♂️

[Kayla Race @KaylaRace]

Good primer on 10th circuit Clean Air Act ruling in favor of citizen plaintiffs @UtahPhysicians against installers of those awful ‘coal rollers’ for pickup trucks (= makes black smoke; disgustingly popular in Utah) https://t.co/Zy5gZdrYw4

[Kayla Race @KaylaRace]

https://t.co/TH31Wb44Z5

[Kayla Race @KaylaRace]

Opening briefs filed Mon by petitioners echo their cert petitions in SCOTUS challenge to EPA’s authority to regulate GHGs from existing power plants with “beyond the source” measures. https://t.co/a1sd8T3wm0 . I discussed implications in @BLaw last week. Important case to watch.

[Kayla Race @KaylaRace]

Got published in @BLaw Insight today— looking at pending SCOTUS case on the scope of the EPA’s Clean Air Act authority to regulate GHGs from existing power plants https://t.co/woRanYVqqA

[Kayla Race @KaylaRace]

Got published in @BLaw Insight today— looking at pending SCOTUS case on the scope of the EPA’s Clean Air Act authority to regulate GHGs from existing power plants https://t.co/woRanYVqqA

[Kayla Race @KaylaRace]

NY passes constitutional right to “clean air and water, and a healthful environment" by huge margin: 60.8% in favor to 27.45% against https://t.co/pjjOM0YBTq

[Kayla Race @KaylaRace]

Some interesting & important climate regulation issues coming to SCOTUS soon (also with implications for admin law more broadly)

[Keith Goldberg @kdgscribe]

@Law360 dug deep into the #SCOTUS decision to review the @EPA’s #GHG and #climatechange authority.

Up first, my colleague @jcmiltrod looks at how the case could alter the legal landscape for the EPA and other federal agencies. https://t.co/8PE2dPtEGm

[Kayla Race @KaylaRace]

Interesting claims in this climate case: groups ask Ninth Circuit to reverse the decision by U.S. District Judge to toss the case after determining that “U.S. citizens don't have a constitutional right to privacy in the wilderness that was violated …” https://t.co/x3PYWYcusB

[Brent Toderian @BrentToderian]

“Someone with a 1-hr car commute needs to earn 40% more to be as happy as someone with a short walk to work. On the other hand, if someone shifts from a long commute to a walk, their happiness increases as much as if they’d fallen in love.” #CityMakingMath https://t.co/L9qdJ2jqic